Lawful registration of a mark depends on legal ownership, use of mark, acceptability of the mark, and proper registration.
Review the steps below and follow the links for definitions and restrictions before submitting an application for registration.
- Determine who has the right to register the mark.
- The person who uses and owns a mark may apply for registration in West Virginia.
- The bona fide use of a mark in the ordinary course of trade is required.
Decide whether the mark is acceptable in West Virginia.
The Secretary of State must refuse marks that violate any one of eight specific restrictions.
Determine if the mark is available.
Before preparing the filing, it is important to make sure the mark does not conflict with a federal or state trademark already registered.
- Search Registered Marks to search the online West Virginia registered marks database.
- Contact the U.S. Patent & Trademark Office for a search of federal marks.
- Complete the Application for Trademark/Service Mark (Form TM-1).
- Attach to the application four (4) specimens showing the mark in use in connection with the goods or services.
- The application must be signed and notarized in the presence of a notary public.
- Submit the completed application plus the four attachments with the required filing fee to the Secretary of State.
Note:Due to the nature of the review process involved in registering or renewing a mark, expedite service is not available for this type of filing.
Fees
| Filing | Fee |
|---|---|
| Filing fee per mark (up to two classifications) | $50.00 |
| Each additional classification | $50.00 |
