How to Trademark a Business Name in Louisiana (2026)
To protect a business name nationwide, register it as a federal trademark with the USPTO through the TEAS online system, choosing the correct class of goods or services. Louisiana also offers a separate state trademark registration with the Secretary of State, but it only protects use within Louisiana. Only a federal registration lets you use the R-in-a-circle symbol.
Quick Answer
- Federal route
- USPTO trademark application filed through TEAS
- State route
- Louisiana trademark registration with the Secretary of State (in-state only)
- Classes
- Fee is charged per class of goods or services
- Symbols
- TM = unregistered claim; R-in-a-circle = federally registered only
- Before filing
- Search the USPTO database and Louisiana records for conflicts
- Not automatic
- Forming an LLC does not create trademark rights
Business Name vs Trademark: Two Different Things
A common misunderstanding is that registering an LLC or reserving a name with the Louisiana Secretary of State gives you a trademark. It does not. Entity name registration and name reservation only stop another business from forming a Louisiana entity under a confusingly identical name in the state's business registry. A trademark is a different form of protection: it protects a brand name, logo, or slogan that identifies the source of goods or services, and it gives you the right to stop others from using a confusingly similar mark on related products in your market. If your name is the way customers recognize your brand, you generally want trademark protection in addition to your entity filing. See trademark basics and DBA vs trademark.
Trademark rights in the United States arise primarily from use of the mark in commerce, and registration strengthens and formalizes those rights. You have two registration systems available: the federal system run by the United States Patent and Trademark Office (USPTO), which protects your mark across the entire country, and the Louisiana state system run by the Secretary of State, which protects the mark only within Louisiana. This guide explains both and how to choose. For a related topic, compare how to trademark a logo.
Federal Registration With the USPTO
Federal registration is the stronger option because it provides nationwide notice of your claim, a legal presumption of ownership, and the right to use the R-in-a-circle symbol. You apply online through the USPTO's Trademark Electronic Application System (TEAS). The application identifies the mark, the owner, the goods or services, and the basis for filing - either that you are already using the mark in commerce or that you have a bona fide intent to use it. The Lanham Act, the federal trademark statute, is the legal foundation for this system.
After you file, a USPTO examining attorney reviews the application for issues such as a likelihood of confusion with an existing mark or a mark that is merely descriptive. If the examiner raises objections, they issue an Office Action you must answer. If the mark clears examination, it is published for opposition, and if no successful opposition is filed it proceeds to registration (for use-based applications) or to a notice of allowance (for intent-to-use applications, which then require proof of use). The process commonly takes many months. See how to trademark a business name for the national walkthrough and how to trademark a name for the shorter version.
Classes and Filing Fees
Trademarks are registered for specific classes of goods and services under an international classification system - 45 classes in total. You must identify every class your business needs, because protection is limited to the goods and services you list. A restaurant, a clothing line, and a software product fall in different classes, and if your business spans several, you file in each. The USPTO charges a government filing fee per class, so listing more classes increases the total fee.
Because the USPTO periodically updates its fee structure and offers different filing options with different requirements, we do not quote a dollar figure here - confirm the current per-class amount on the USPTO fee schedule before you file. Budget also for the possibility of responding to an Office Action and, later, for maintenance filings. Louisiana's state trademark filing carries its own, separate fee set by the Secretary of State. Get your federal tax ID first if you have not; see how to get an EIN.
| Feature | Federal (USPTO) | Louisiana (Secretary of State) |
|---|---|---|
| Geographic scope | Nationwide | Louisiana only |
| Filing system | TEAS (online) | Louisiana SoS trademark filing |
| Symbol allowed | R-in-a-circle after registration | TM/SM only (no R symbol) |
| Fee basis | Per class, per USPTO schedule | Per state fee schedule |
| Legal basis | Lanham Act (federal) | Louisiana Revised Statutes Title 51 |
Louisiana State Trademark Registration
Louisiana maintains its own trademark registration system administered by the Louisiana Secretary of State. A state registration protects a mark that is used within Louisiana and can be a lower-cost option for a business that operates only locally and does not sell across state lines. It is governed by Louisiana's trademark statutes in Title 51 of the Louisiana Revised Statutes. To register, you generally must already be using the mark in Louisiana, identify the goods or services and class, and submit the state application with the required specimen and fee to the Secretary of State's business services division.
A Louisiana registration does not give you rights outside Louisiana and does not let you use the R-in-a-circle symbol - that symbol is reserved for federally registered marks. If you have or plan a website that sells nationally, or you expect to expand beyond Louisiana, the federal route is usually the better long-term investment. Many businesses that want the broadest protection file federally and skip the state filing; others start with the state registration for local protection while they build the brand. You can file both. See the glossary for defined terms and how to start a business in Louisiana for the formation context.
TM, SM, and the R Symbol
The symbols you attach to your brand signal its status. The TM symbol may be used with any mark you claim as a trademark for goods, and SM is the equivalent for services - you can use these at any time, even before or without any registration, to put others on notice that you claim rights. The R-in-a-circle symbol is different: federal law permits it only after the USPTO has registered your mark. Using the R symbol before your federal registration issues is improper and can create problems in later enforcement. A Louisiana state registration, by itself, does not entitle you to the R symbol. Choose symbols based on your actual registration status, and update them once a federal registration issues.
Searching Before You File
Before you invest in an application, search for conflicts. The USPTO will refuse a mark that is likely to be confused with a mark already registered or applied for in a related class, so a clearance search protects your filing fee and your brand. Search the USPTO's trademark database for identical and similar marks in your class, and also check Louisiana Secretary of State records and general (common-law) commercial use, such as business directories and web searches, because unregistered users can still have rights. If you find a close match on related goods, it is usually cheaper to adjust your name now than to lose a contested application later. A thorough search is one area where many owners choose to consult a trademark attorney. Related reading: trademark a business name and business licenses.
Maintaining and Enforcing Your Mark
Registration is not the finish line. A federal trademark can last indefinitely, but only if you continue using the mark and file the required maintenance documents with the USPTO on schedule - missing those deadlines causes the registration to be cancelled. You are also responsible for enforcing your mark: the USPTO does not police the marketplace for you, so monitoring for infringers and taking action when needed is part of ownership. A Louisiana state registration has its own renewal cycle set by the Secretary of State. Keep your ownership and contact records current, keep specimens showing use, and calendar every renewal date. For businesses weighing structure alongside brand protection, compare S-corp vs LLC and review business tax obligations.
Frequently Asked Questions
Do I register a business name trademark with Louisiana or the USPTO?
For nationwide protection, register federally with the USPTO through TEAS. Louisiana offers a separate state trademark registration through the Secretary of State, but it only protects the mark within Louisiana. Many owners file federally; the state route is a lower-cost, in-state option.
How much does a federal trademark cost?
The USPTO charges a per-class government filing fee, and the amount depends on the filing option you choose. The fee applies to each class of goods or services you list, so check the current USPTO fee schedule before filing to confirm exact amounts.
What is the difference between the TM and R symbols?
You may use the TM symbol with any mark you claim, even without a registration. The R-in-a-circle symbol may only be used after your mark is federally registered with the USPTO. Using the R symbol before registration is improper.
Can I trademark my LLC name automatically?
No. Forming an LLC or reserving a name with the Louisiana Secretary of State does not create trademark rights. Entity registration only blocks another Louisiana entity from filing the same name. Trademark protection requires a separate federal or state application.
Should I search before filing a trademark?
Yes. Search the USPTO database for the same or confusingly similar marks in your class, and check Louisiana records and common-law use. A conflict can lead the USPTO to refuse your application on likelihood-of-confusion grounds, forfeiting your fee.
How long does a trademark registration last?
A federal registration can last indefinitely if you keep using the mark and file the required maintenance documents on time; missing them causes cancellation. State registrations have their own renewal periods set by the Louisiana Secretary of State.
Related
- Trademark (cluster hub)
- How to trademark a business name
- How to trademark a name
- How to trademark a logo
- What is a DBA?
- How to start a business in Louisiana
- Louisiana registered agent
- How much does a Louisiana LLC cost?
- Trademark a business name in California (sibling)
- Trademark a business name in Georgia (sibling)
Sources
- USPTO - Trademark basics (what a trademark is; use in commerce).
- USPTO - What is a trademark?
- USPTO - Apply for a trademark (TEAS).
- USPTO - Trademark fees and payment information (per-class fees).
- USPTO - Search trademark database.
- USPTO - International classes of goods and services.
- USPTO - Maintaining your registration.
- USPTO - Enforcing your trademark rights.
- Louisiana Secretary of State - Register a Business (business services division).
- Louisiana Secretary of State - Business Services.
- Louisiana geauxBIZ - geauxBIZ business portal.
- Legal Information Institute (Cornell) - 15 U.S.C. Section 1051, Application for registration (Lanham Act).
- Legal Information Institute (Cornell) - 15 U.S.C. Section 1052, Trademarks registrable (grounds for refusal).
- Legal Information Institute (Cornell) - 15 U.S.C. Section 1127, Construction and definitions.
- Justia - Louisiana Revised Statutes Title 51, Trade and Commerce (state trademark provisions).
- IRS - Starting a Business (federal tax context).
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. Trademark rules, fees, and procedures change; verify current requirements with the USPTO and the Louisiana Secretary of State before acting.