How do I apply for a state-level trademark for my business name or logo with the California Secretary of State?
To apply for a California state trademark, you must complete and submit an application form with specimens of your mark and the required fee to the California Secretary of State. This registration protects your business name or logo from being used by competitors within the state of California.
Here is how to complete the process:
Step 1: Conduct a Trademark Search
Before you file, search the California Secretary of State's online business database to ensure your desired name or logo is not already registered or confusingly similar to an existing state trademark. This initial check can save you time and the non-refundable application fee.
Step 2: Complete the Application Form
Download and fill out the Trademark/Service Mark Registration Application (Form TM-100) from the Secretary of State's website. You must provide details about the applicant, a description of the mark, a list of the goods or services it represents, and the date it was first used in commerce in California.
Step 3: Prepare Your Specimens
You must include three identical examples (specimens) showing the mark as it is actually used in California. For a business name or logo on goods, this could be a label, tag, or container. For services, this could be a brochure, a sign, a business card, or a screenshot from your website.
Step 4: Submit the Application and Fee
Mail the completed application, your three specimens, and the filing fee (check or money order) to the Secretary of State's office address listed on the form. Filing fees are subject to change, so confirm the current amount on the website before sending.
Important Details and Nuances
Your mark must already be in use in California to be registrable; you cannot apply based on an "intent to use." If your application is approved, you will receive a Certificate of Registration. A California trademark registration is valid for five years and can be renewed.
Warnings and Limitations
A state-level registration only provides protection within California. It does not prevent someone in another state from using the same or a similar mark. For nationwide protection, you must register your trademark federally with the U.S. Patent and Trademark Office (USPTO).
This is general information and does not constitute legal advice. For complex situations, or for help developing a comprehensive intellectual property strategy, consult with a qualified California attorney.
Useful Links
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 32
Updated: August 13, 2025
Business Law
Small business legal requirements, contracts, and regulations
View All Questions