How to Trademark a Business Name in Arkansas (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

To trademark a business name in Arkansas, you can register it with the Arkansas Secretary of State for state-level protection, which costs $50 per mark and lasts five years, or apply to the U.S. Patent and Trademark Office (USPTO) for nationwide protection at a $350 base fee per class of goods or services. Most businesses selling across state lines or online choose federal registration.

Understanding Trademark Protection in Arkansas

Trademark protection for a business name in Arkansas exists at two levels: state and federal. State registration with the Arkansas Secretary of State's Business & Commercial Services (BCS) Division protects the mark within Arkansas. Federal registration with the U.S. Patent and Trademark Office (USPTO) provides protection across the entire United States. Which one you need depends on where you actually do business.

A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of goods from one party. A service mark does the same for services; both are commonly called "trademarks." Registering your business name as a mark helps stop others from using a confusingly similar name for similar goods or services, protecting the brand identity and goodwill you build over time. For the fundamentals across all states, see our guide on what a trademark is and how to trademark a business name.

It is important to separate registering a business entity from registering a trademark. Forming an Arkansas LLC or corporation records your legal entity name with the Secretary of State and blocks another entity from forming under an identical name, but it does not grant brand rights in the marketplace. A trademark is what protects the name as a brand. For a deeper comparison of these concepts, our overview of how to trademark a name walks through the distinction in detail.

Arkansas State Trademark Registration

Registering a mark with the Arkansas Secretary of State provides statutory protection within the state under the Arkansas trademark law codified at Arkansas Code Title 4, Chapter 71, Subchapter 2. This route suits businesses that operate mainly inside Arkansas and do not sell across state lines. The registration is handled by the BCS Division in Little Rock, and the same $50 fee applies whether you are filing a new registration or a renewal.

Steps for Arkansas state trademark registration

1. Conduct a clearance search. Before applying, search the Secretary of State's registered trademark database to confirm your name is not already registered or confusingly similar to an existing Arkansas mark. Also review common-law uses, such as unregistered business names and domains, within the state. A conflicting mark is a leading reason applications are rejected.
2. Confirm actual use in commerce. Arkansas registers marks that are in use. You must be able to state the date the mark was first used anywhere and the date it was first used in Arkansas, and provide a specimen (such as a label, tag, packaging, or advertisement) showing how the mark appears on the goods or services.
3. Choose the correct classification. If you are registering a trademark you select from trademark classes; if you are registering a service mark you select from service-mark classes. The classification defines the goods or services your registration covers, so identify it accurately.
4. Prepare and file the application. Complete the Trademark and Service Mark Application, which asks for the applicant's name and address, a description of the mark, the goods or services, the dates of first use, and the specimen. A fillable PDF is available from the Secretary of State, or a hard copy can be picked up in person at the BCS office. Corporations must be in good standing for a mark to be considered.
5. Pay the $50 fee. Submit the $50 fee, made payable to the Secretary of State, with the application. Processing is not guaranteed within a set timeframe, and it may take several weeks before you receive a response.
6. Maintain and renew. An Arkansas registration is effective for five years. To keep it, file a renewal application, a verified statement that the mark is still in use, a current specimen, and the $50 renewal fee within six months before the expiration date.

State registration is a low-cost way to document your rights and put others on notice within Arkansas. It does not, however, reach beyond the state's borders, which is where federal registration becomes important.

Federal Trademark Registration with the USPTO

For businesses operating across state lines, selling online to customers nationwide, or planning to expand, federal registration with the USPTO is the stronger option. A federal registration provides nationwide protection and the legal advantages granted under the Lanham Act, including the right to use the ® symbol, a legal presumption of ownership, and the ability to bring an infringement suit in federal court.

Steps for federal trademark registration

1. Run a comprehensive search. Search the USPTO's federal trademark database for existing marks, then check state databases (including Arkansas), common-law uses, domain names, and social handles. A thorough search reduces the risk of a refusal or a later infringement dispute.
2. Identify your classes. Classify your goods and services under the international Nice Classification system. Each class carries its own fee, so the number of classes drives your total cost.
3. Prepare the application. File electronically through the USPTO. You provide the mark, the applicant's name and address, a clear drawing of the mark, the goods or services and their classes, a specimen showing use in commerce, and the dates of first use anywhere and in commerce.
4. File and pay the fee. Under the fee schedule effective January 18, 2025, the USPTO retired the older TEAS Plus and TEAS Standard tiers and adopted a single base application fee of $350 per class, with surcharges (for example, $100 per class for insufficient information) when an application does not meet the base requirements.
5. Respond to any Office Action. If the examining attorney raises an issue, such as a likelihood of confusion or that the mark is merely descriptive, the USPTO issues an Office Action. You must respond within the stated deadline to keep the application alive.
6. Publication, registration, and maintenance. Approved marks are published for opposition. If no opposition succeeds, the mark registers. Federal registrations last ten years and can be renewed indefinitely, provided you keep using the mark and file the required maintenance declarations (such as Sections 8 and 15) on schedule.

Because the federal process involves examination and can take several months to over a year, plan ahead if a national brand launch depends on the registration. Our national guide on how to trademark a name and how much it costs to trademark a name break the steps and fees down further.

Arkansas Trademark Fees and Timeline (2026)

The table below compares the state and federal options a new Arkansas business typically weighs. State amounts come from the Arkansas Secretary of State; federal amounts come from the USPTO fee schedule. Confirm current figures with each agency before filing, because fees and thresholds change.

State registration is far cheaper than federal for a single mark, but it protects you only in Arkansas. Federal registration costs more and multiplies by the number of classes, yet it delivers nationwide rights. Neither fee is charged by any private filing service; both are set by the government agencies themselves.

Choosing Between State and Federal Protection

The right choice depends on how and where you sell:

• Geographic scope. If your customers are entirely within Arkansas, state registration may be enough. If you sell across state lines, ship nationwide, or serve customers online, federal registration is strongly recommended.
• Cost. A $50 Arkansas registration is a fraction of a $350-per-class federal filing, so budget matters for very small or purely local operations.
• Legal strength. Federal registration carries stronger presumptions, lets you record the mark with U.S. Customs and Border Protection against infringing imports, and opens federal-court remedies. Arkansas remedies are set out in the state trademark law and are enforced in state court.
• Layering. You can hold both a state and a federal registration for the same mark. Many owners start with state protection and add federal registration as the business grows.

If you have not yet formed a legal entity, it is common to handle formation, an EIN, and trademark decisions together. See how to start a business in Arkansas for the full sequence, and do I need to trademark my business name if you are still deciding whether to register at all.

Business Name, DBA, and Trademark: Key Differences

Registering a name with the state is not the same as trademarking it. Three distinct registrations are easy to confuse:

• Entity name registration. When you form an LLC or corporation, its legal name goes on the public record with the Secretary of State and blocks another entity from forming under an identical Arkansas name. You can confirm availability using the Arkansas business entity search. This does not grant brand rights.
• DBA / fictitious name. If you operate under a name different from your legal name, you file a fictitious (DBA) name. A DBA tells the public who is behind the name but, like entity registration, it confers no trademark rights.
• Trademark registration. A state or federal trademark protects the name, logo, or slogan as used with specific goods or services, and it is what actually stops competitors from using a confusingly similar mark.

So even after you register your entity name or a DBA, you should still consider a trademark if the brand matters. Related steps most Arkansas owners handle around the same time include appointing a registered agent, adopting an operating agreement, filing the annual report, and understanding Arkansas LLC tax filing. Trademarking is also separate from obtaining any business licenses your activity requires.

Frequently Asked Questions

How much does it cost to trademark a business name in Arkansas?

Registering a trademark or service mark with the Arkansas Secretary of State costs $50 per mark, which also covers renewal. That gives state-level protection. Federal registration with the USPTO costs a $350 base fee per class of goods or services under the schedule effective January 18, 2025.

Do I need to register a state trademark in Arkansas if I have a federal trademark?

No. A federal USPTO registration already provides nationwide protection, so a separate Arkansas registration is not required. State registration only reaches within Arkansas. Some owners still add it for local notice or extra enforcement options, but it is optional when you hold a federal mark.

What is the difference between an Arkansas trademark and a federal trademark?

An Arkansas trademark protects your mark only within the state and lasts five years. A federal trademark from the USPTO provides nationwide protection for ten years, allows use of the ® symbol, and permits enforcement in federal court.

How long does an Arkansas trademark registration last?

An Arkansas registration is effective for five years from the date of registration. You can renew it for successive five-year terms by filing a renewal application and the $50 fee with the Secretary of State within six months before it expires.

Can I trademark a name that is already my Arkansas LLC name?

Yes. Registering an LLC name reserves that legal entity name but does not grant trademark rights. You can register the same name as a trademark for the goods or services you sell, provided it is distinctive and not confusingly similar to an existing mark.

What is the first step to trademarking a business name in Arkansas?

Start with a clearance search. Search the Arkansas Secretary of State's registered trademark database for state marks and the USPTO's federal database for national marks, and check common-law uses, to confirm the name is available before you apply.

Related

• Trademark (hub)
• How to Trademark a Business Name
• How to Trademark a Name
• How to Trademark a Logo
• How Much Does It Cost to Trademark a Name
• How to Trademark a Business Name in California (sibling)
• How to Form an LLC in Arkansas
• How to Get an EIN

Sources

1. Arkansas Secretary of State - Trademark / Service Mark (Business & Commercial Services).
2. Arkansas Secretary of State - Trademark and Service Mark Application (PDF).
3. Arkansas Secretary of State - Trademark Application Instructions (PDF) ($50 fee; classifications; specimen).
4. Arkansas Secretary of State - Trademark FAQs (PDF) (five-year term; renewal within six months).
5. Arkansas Secretary of State - Forms / Fees / Records Requests.
6. Arkansas Secretary of State - Arkansas Trademark Law (PDF) (Title 4, Chapter 71).
7. Arkansas Code - § 4-71-201, Definitions.
8. Arkansas Code - § 4-71-207, Assignments, changes of name, and other instruments.
9. Arkansas Code - § 4-71-212, Infringement.
10. Arkansas Code - § 4-71-214, Remedies.
11. Arkansas Code - § 4-71-216, Common law rights.
12. U.S. Patent and Trademark Office - What is a Trademark?.
13. U.S. Patent and Trademark Office - Trademark Fee Information ($350 base application fee per class).
14. U.S. Patent and Trademark Office - Summary of 2025 Trademark Fee Changes (TEAS Plus/Standard retired Jan 18, 2025).
15. U.S. Patent and Trademark Office - Federal Trademark Statutes (Lanham Act).
16. Internal Revenue Service - How to Apply for an EIN (free).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current requirements with the Arkansas Secretary of State and U.S. Patent and Trademark Office before acting.