North Dakota TRADEMARK/SERVICE MARK REGISTRATION

State:
North Dakota
Control #:
ND-SKU-0136
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Description

TRADEMARK/SERVICE MARK REGISTRATION

North Dakota Trademark/Service Mark Registration is the process of registering a trademark or service mark with the North Dakota Secretary of State. A trademark or service mark is a type of intellectual property that uniquely identifies the goods or services of one business from another. North Dakota offers two types of Trademark/Service Mark Registration: 1) State Trademark Registration, which provides protection in the state of North Dakota; and 2) Federal Trademark Registration, which provides protection throughout the United States. The process for registering a trademark or service mark includes filing an application with the North Dakota Secretary of State, submitting a specimen of the mark, and paying the associated fees. Upon successful registration, the trademark or service mark is officially registered and protected in North Dakota.

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FAQ

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Even though trademarks are valid for 10 years, there some additional requirements during the first decade. After the fifth anniversary of your registration date, you'll need to file a Declaration of Use showing the mark is actively being used in business.

Each state has its own requirements for registering a trademark. Normally the application is filed with the office of the secretary of state, but individual states may vary. The first step is to check with your state's trademark office to see what the requirements are.

Typically, when you file a required maintenance document, you'll submit a signed declaration saying that you're continuing to use your trademark with the goods and services in your registration. You'll also submit one specimen for each class of goods or services.

A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).

In North Dakota, you must register your DBA with the Secretary of State. You can register a trade name online at North Dakota's First Stop website or you can complete the trade name registration form and file it by mail or fax.

A trademark is used for goods, while a service mark is used for services. A trademark: Identifies the source of your goods or services. Provides legal protection for your brand.

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

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North Dakota TRADEMARK/SERVICE MARK REGISTRATION