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 Registering A Mark

Lawful registration of a mark depends on legal ownership, use of the mark, acceptability of the mark and proper registration. Please review steps one and two and follow the links for definitions and restrictions before submitting an application for registration.

  1. Determine who has the right to register the mark.
  2. The person who uses and owns a mark may apply for registration in West Virginia.

    The bonafide use of a mark in the ordinary course of trade is required.

  3. Decide whether the mark is acceptable in WV.
  4. The Secretary of State must refuse marks that violate any one of eight specific restrictions.

  5. Find out whether the mark is available.
  6. Before preparing the filing, it is important to make sure the mark does not conflict with a federal or state trademark already registered.

  7. Complete the application form.
  8. Download the Trademark/Service Mark application form using Acrobat Reader. If you have not used the Reader before, see Acrobat Reader Help for assistance.


     Click to write email requesting forms by mail or fax. Click the envelope to send email to request a copy of the application to be faxed or mailed to you.
    • Complete all sections of the form.
    • Include the required two dimensional representation of the mark as required.
    • Attach three sample actual uses of the mark, for example, product labels or packaging, advertising, letterhead, or photographs of the mark on actual products.
    • Please do not submit large items unsuitable for filing.

  9. Determine the fees and submit the application.
  10. Calculate the fees for the number of classifications (see Forms & Fees). For more information on mailing the application and paying the fees, see Ordering & Payment.