How to Trademark a Business Name in California (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 California, you must file a Trademark/Service Mark Application (Form TM-100) with the California Secretary of State and pay a $70 fee per class of goods or services. This registration provides protection for your business name or logo within the state of California. For nationwide protection, you must register with the U.S. Patent and Trademark Office (USPTO).

Quick Answer

Form: Trademark/Service Mark Application (Form TM-100)
Filing fee: $70 per class of goods/services (2026)
Agency: California Secretary of State
Protection scope: Within California only
Duration: 10 years, renewable
Federal option: USPTO for nationwide protection

Understanding California Trademarks

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark does the same for services. In California, registering your business name or logo as a trademark with the Secretary of State grants you exclusive rights to use that mark within the state for the goods or services specified in your application. This state-level protection is distinct from federal trademark protection offered by the U.S. Patent and Trademark Office (USPTO).

California trademark registration is suitable for businesses that operate exclusively within California's borders. If your business sells goods or provides services across state lines, or plans to do so, federal registration with the USPTO is generally recommended for broader protection. The California Business and Professions Code, specifically Division 6, Part 3, governs state trademarks and service marks.

It is important to understand that registering your business name as an entity (e.g., forming a California LLC or corporation) with the Secretary of State does not automatically grant trademark rights. Entity registration only prevents another entity from forming with the identical name in California; it does not protect the name as a brand for goods or services. Trademark rights are acquired through use in commerce, but registration provides stronger legal standing.

Steps to Trademark a Business Name in California

The process of trademarking a business name in California involves several key steps to ensure your mark is unique and properly protected. These steps help you navigate both state and, if necessary, federal requirements.

Determine the Scope of Protection Needed. Before applying, decide if you need state-level protection (California only) or federal protection (nationwide).
- California State Trademark: Appropriate if your business operates solely within California and has no plans for interstate commerce. It provides protection against infringement within the state.
- Federal Trademark (USPTO): Necessary if your business operates or intends to operate in multiple states, or if your goods/services are sold online to customers outside California. This offers nationwide protection. Many businesses pursue both state and federal registration for comprehensive coverage. For a general overview, see how to trademark a name.
Conduct a Comprehensive Trademark Search. This is a critical step to ensure your desired name or logo is not already in use, which could lead to your application being rejected or, worse, a lawsuit for infringement.
- California Secretary of State Search: Search the California Secretary of State's online database for existing state trademarks and service marks.
- USPTO TESS Database Search: If considering federal protection, or even for a more thorough state search, use the USPTO's Trademark Electronic Search System (TESS) to check for federally registered marks.
- Common Law Search: Also search business directories, domain names, social media, and conduct general internet searches to identify unregistered (common law) trademarks that might have prior rights in your geographic area or industry.
Your mark must be "distinguishable" from existing marks for similar goods or services to be registered (California Business and Professions Code § 14220).
Prepare Your Application. Gather all necessary information and documentation for the California Trademark/Service Mark Application (Form TM-100).
- The Mark: Provide a clear representation of the name or logo you wish to trademark.
- Applicant Information: Your legal name and address, or the name and address of your business entity (e.g., LLC, corporation).
- Description of Goods/Services: A precise description of the goods or services with which the mark will be used. California uses the international classification system for goods and services. You will pay a fee for each class of goods/services you include.
- Date of First Use: The date the mark was first used anywhere, and the date it was first used in California, in connection with the specified goods or services. You must be actively using the mark in commerce to register it.
- Specimen: A sample (e.g., a label, tag, business card, website screenshot) showing how you use the mark in connection with your goods or services.
Ensure your mark is distinctive. Generic terms (e.g., "Apple" for apples) or merely descriptive terms (e.g., "Tasty" for food) are generally not registrable unless they have acquired secondary meaning through extensive use.
File with the California Secretary of State. Complete and submit Form TM-100, the Trademark/Service Mark Application.
- Form TM-100: This form is available on the California Secretary of State's website.
- Filing Fee: The fee is $70 per class of goods or services. For example, if you are trademarking a name for both clothing (Class 25) and retail store services (Class 35), the fee would be $140.
- Submission: You can mail the completed application and fee to the Secretary of State's office or deliver it in person. Online filing is not available for initial trademark applications.
The Secretary of State will review your application for compliance with state law. If there are no issues and no conflicting marks, your trademark will be registered. The registration is valid for 10 years and can be renewed.
Consider Federal Registration with the USPTO. If your business has any interstate activity, federal registration is highly recommended.
- USPTO Application: File through the Trademark Electronic Application System (TEAS) on the USPTO website.
- Benefits: Federal registration provides nationwide constructive notice of your claim of ownership, the ability to sue in federal court, and the right to use the ® symbol.
- Cost: USPTO filing fees typically range from $250 to $350 per class, depending on the filing method.
For more details on federal registration, refer to the LegalGlass trademark guide.

California Trademark Filing Fees (2026)

The primary cost for a California state trademark is the application fee paid to the Secretary of State. These fees are set by statute and are subject to change, so it's always advisable to verify the current fee schedule on the Secretary of State's website.

Item	Form	Fee (2026)	Agency
Trademark/Service Mark Application	TM-100	$70 per class	CA Secretary of State
Assignment of Trademark/Service Mark	TM-101	$25	CA Secretary of State
Renewal of Trademark/Service Mark	TM-102	$30 per class	CA Secretary of State
Certified Copy of Filed Document		$5 + $1 per page	CA Secretary of State

There are no annual maintenance fees for California state trademarks, but renewal is required every 10 years. The renewal fee is $30 per class of goods or services (California Business and Professions Code § 14250).

Conducting a Trademark Search in California

A thorough trademark search is crucial to avoid infringing on existing marks and to increase the likelihood of your application being approved. The search should cover both state and federal databases, as well as common law uses.

California Secretary of State Trademark Search: The California Secretary of State provides an online search tool for registered state trademarks and service marks. This search will show you marks that are already registered in California.
USPTO Trademark Search (TESS): The U.S. Patent and Trademark Office's Trademark Electronic Search System (TESS) allows you to search for federally registered trademarks. This is essential because a federal registration can preempt your state registration if there is a conflict, even if the federal mark is not registered in California.
Business Entity Name Search: While not a trademark search, checking the California Secretary of State's business entity database can help identify similar business names that might be in use, even if not trademarked.
Internet and Common Law Search: Conduct extensive internet searches, including search engines, social media platforms, app stores, and industry-specific directories. Many businesses use names or logos that are not formally registered but may still have common law trademark rights, especially if they have been using the mark for a long time in a specific geographic area.

When searching, look for marks that are identical or "confusingly similar" to yours, especially if they are used for related goods or services. A mark might be considered confusingly similar if consumers are likely to believe that the goods or services come from the same source or are somehow affiliated.

Trademark Distinctiveness and Strength

For a business name or logo to be trademarked, it must be distinctive. The law categorizes marks into different levels of distinctiveness, which directly impacts their registrability and strength of protection:

Fanciful Marks: Invented words with no meaning (e.g., "Kodak," "Xerox"). These are the strongest type of mark and are inherently distinctive.
Arbitrary Marks: Real words used in an arbitrary way for unrelated goods/services (e.g., "Apple" for computers). These are also inherently distinctive and strong.
Suggestive Marks: Hint at the nature of the goods/services without directly describing them (e.g., "Coppertone" for suntan lotion). These are considered inherently distinctive but less strong than fanciful or arbitrary marks.
Descriptive Marks: Directly describe a quality or characteristic of the goods/services (e.g., "Sharp" for TVs, "American Airlines"). These are generally not registrable unless they have acquired "secondary meaning" through extensive use, meaning consumers associate the descriptive term with a specific source.
Generic Terms: The common name for a product or service (e.g., "Car" for automobiles). These can never be trademarked because they refer to the product category itself, not a specific brand.

The stronger your mark (fanciful, arbitrary, or suggestive), the easier it will be to register and enforce against infringers. Choosing a distinctive name from the outset can save significant legal challenges later.

Maintaining Your California Trademark

Once your trademark is registered with the California Secretary of State, it is valid for a period of 10 years. To maintain your rights, you must continue to use the mark in commerce. Before the 10-year period expires, you can file a renewal application (Form TM-102) with the Secretary of State. The renewal fee is $30 per class of goods or services.

It is your responsibility to monitor for potential infringement of your trademark. While the state registration provides legal grounds for action, the Secretary of State does not actively enforce your rights. If you discover another business using a confusingly similar mark for related goods or services, you may need to take legal action to protect your rights. This could involve sending a cease and desist letter or, in more severe cases, filing a lawsuit.

If you change your business name or address, or if you assign ownership of the trademark to another party, you should file the appropriate forms with the California Secretary of State to update your registration records. For example, use Form TM-101 for an assignment of a trademark.

Federal Trademark Registration (USPTO)

For businesses operating beyond California's borders, federal trademark registration with the U.S. Patent and Trademark Office (USPTO) is essential. A federal registration provides several significant advantages:

Nationwide Protection: Grants exclusive rights to use the mark throughout the entire U.S.
Legal Presumption of Ownership: Creates a legal presumption of ownership and the exclusive right to use the mark on or in connection with the goods/services listed in the registration.
Ability to Sue in Federal Court: Allows you to bring an infringement lawsuit in federal court.
Use of the ® Symbol: Only federally registered marks can use the ® symbol, providing notice to the public of your registered rights.
Basis for Foreign Registration: A U.S. federal registration can serve as a basis for obtaining trademark protection in other countries.

The process for federal registration is more complex than state registration, often involving more detailed examination by a USPTO attorney. It typically requires a more extensive search, a more precise description of goods and services, and adherence to federal trademark law. While not mandatory for all businesses, federal registration is a strategic asset for any business with a national presence or aspirations.

Frequently Asked Questions

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

The filing fee for a California state trademark application is $70 per class of goods or services. This fee is paid to the California Secretary of State.

Do I need a federal trademark if I have a California trademark?

A California state trademark protects your name only within California. If your business operates or plans to operate across state lines, a federal trademark with the USPTO is necessary for nationwide protection.

How long does a California trademark last?

A California state trademark registration is valid for 10 years from the date of registration. It can be renewed for successive 10-year periods as long as the mark is still in use.

Can I trademark a business name that is already registered as an LLC in California?

Registering an LLC name with the Secretary of State only protects the name as a legal entity, not as a brand for goods or services. You can trademark a business name that is also an LLC name, provided it meets trademark distinctiveness requirements and is not confusingly similar to an existing trademark for related goods/services.

What is the difference between a trademark and a service mark in California?

In California, a trademark identifies and distinguishes goods, while a service mark identifies and distinguishes services. The application process and protection are essentially the same for both under state law.

How do I search for existing trademarks in California?

You can search the California Secretary of State's online database for registered state trademarks. For federal marks, use the USPTO's Trademark Electronic Search System (TESS).

More California business guides

Annual Report Articles Of Organization Business Entity Search Certificate Of Formation Dba Filing Dissolve An Llc In Form An Llc In Llc Tax Filing Operating Agreement Registered Agent

Sources

California Secretary of State - Trademark and Service Mark Filing Tips.
California Secretary of State - Trademark and Service Mark Forms (Form TM-100, TM-101, TM-102).
California Secretary of State - Trademark and Service Mark Fees ($70 application fee, $30 renewal fee).
California Secretary of State - Trademark and Service Mark Search Records.
California Business and Professions Code - Section 14207 (Definition of Trademark).
California Business and Professions Code - Section 14209 (Definition of Service Mark).
California Business and Professions Code - Section 14220 (Registrability of Marks).
California Business and Professions Code - Section 14250 (Duration and Renewal).
U.S. Patent and Trademark Office (USPTO) - What is a Trademark?.
U.S. Patent and Trademark Office (USPTO) - Filing Online: TEAS.
U.S. Patent and Trademark Office (USPTO) - Trademark Search (TESS database).
Cornell Law School Legal Information Institute (LII) - Trademark Overview.
IRS - Employer ID Numbers (EINs).
IRS - Starting a Business.

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 California Secretary of State and the USPTO before acting.