North Carolina has one of the pricier state trademark fees, and a maintenance step most people miss. Here is what you actually get, and when federal is the better call.
Run a free trademark searchFrom the Research Triangle to Charlotte banking to furniture and textiles in the Piedmont, North Carolina businesses tend to sell well past the state line. A North Carolina state trademark protects your name in North Carolina only, so the higher state fee buys you a narrow shield. "North Carolina trademark" means one of two separate registrations: a state one through the Secretary of State, and a federal one through the USPTO that covers all fifty states.
General information to help you decide, not legal advice. Trademark rights can depend on how and where a mark is used, the goods or services involved, prior users, and other facts. Source: North Carolina Secretary of State, Trademarks. Secure Mark USA does not file North Carolina state applications.
| North Carolina state | Federal (USPTO) | |
|---|---|---|
| Filed with | NC Secretary of State | U.S. Patent and Trademark Office |
| Protects | North Carolina only | All 50 states |
| Fee | $75 per class | $350 per class |
| Term | 10 years, renewable | 10 years, renewable |
| The (R) symbol | No | Yes |
A federal registration goes through the USPTO Trademark Center (which replaced the older TEAS platform): nationwide protection, the (R) symbol, and a public federal record, for $350 per class. On current USPTO data, expect roughly 4.5 months to a first action and about 10 months to registration for a clean application, longer with a refusal, an Office Action, a suspension, or an opposition. Secure Mark USA prepares and files it for you from $99 plus the USPTO fee. Start with a free trademark search or read the complete U.S. registration guide.
Source: USPTO Trademarks Dashboard; USPTO, How much does it cost.
Run a free search. If the name is clear, we file your federal application from $99 plus USPTO fees.
Start my free searchFederal. A North Carolina only registration would not reach the out of state customers and competitors who make up most of your market.
$75 per class, valid ten years, renewable, with a five year affidavit to keep it in force. Federal is $350 per class, ten years, and nationwide.
No. Entity formation is separate from trademark rights and will not stop a competitor from using your brand name.
No. They are separate systems with separate records.
Only after the USPTO registers your mark federally, roughly ten months for a straightforward application, sometimes longer.
USPTO: Trademark Basics, How much does it cost, Trademarks Dashboard.
North Carolina: Secretary of State, Trademarks.
Secure Mark USA: Free trademark search, Complete U.S. registration guide.