How to Trademark a Business Name in Maine (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 20, 2026 · Last updated Aug 20, 2026

Registering a business name as a Maine trademark or service mark costs $60 for the first class plus $10 for each additional class, filed on Form MARK-1 with the Maine Secretary of State under 10 M.R.S. § 1522. State registration covers Maine only; federal protection requires a separate USPTO application.

State Registration vs. Federal Registration vs. Entity Name

Three different things get called "trademarking a business name," and they are not interchangeable. Forming an LLC or corporation with the Maine Secretary of State reserves the exact entity name in the state's corporate database - it is a naming rule for filings, not a trademark. Registering an assumed or trade name is likewise a disclosure filing, not a property right in the name.

A Maine mark registration under Title 10, Chapter 301-A is an actual trademark right recorded with the state. It gives statewide notice and a procedural advantage in a Maine infringement suit. A federal registration with the United States Patent and Trademark Office gives nationwide constructive notice and access to federal court. If your customers are all in Maine, the state registration may be enough. If you sell across state lines or online, the federal route is the one that matters. Many businesses do both.

Under either system, rights come from use, not from the certificate. Filing perfects and publicizes rights you already have; it does not create them out of nothing.

What Can Be Registered in Maine

Maine registers trademarks (marks used on goods) and service marks (marks used for services). The mark must be in actual use in Maine at the time of application - Maine has no intent-to-use track comparable to the federal system. The application asks for the date of first use anywhere and the date of first use in Maine, and those dates must be truthful.

Marks that are generic for the goods or services cannot be registered. Merely descriptive marks are refused unless they have acquired distinctiveness. Marks that are confusingly similar to a mark already registered in Maine or already in use by another party are refused. Surnames, geographic terms, and deceptive matter face the same objections they face federally.

Before you spend the fee, search. Check the Maine corporate name database for conflicting entity names, and search the federal register at the USPTO because a prior federal registration can block your use in Maine even if nothing state-level appears.

Classification and How the Fee Is Calculated

Maine uses the international classification system, the same 45-class Nice scheme the USPTO uses. Class 25 covers clothing; class 43 covers restaurant services; class 35 covers retail and business services. Each class you claim is a separate scope of protection and a separate fee line.

The statutory fee under 10 M.R.S. § 1522 is $60 for the first class and $10 for each additional class, payable to the Treasurer of State. A single-class filing therefore costs $60; a three-class filing costs $80. Fees are not refundable if the application is refused, which is another argument for searching first.

Federal fees are set by the USPTO and change by rule; confirm the current per-class amount on the USPTO fee page linked in Sources rather than relying on a figure quoted elsewhere.

How to File Form MARK-1 in Maine

The process is short. Work through it in order.

1. Confirm use. The mark must already be used in Maine on the goods or in connection with the services you will claim.
2. Search. Check Maine's records and the USPTO database for conflicts.
3. Pick your classes. List only classes matching goods or services you actually provide.
4. Complete Form MARK-1. Include the applicant's exact legal name, the mark, the goods or services, the classes, and both first-use dates.
5. Attach specimens. Provide samples showing the mark as actually used - labels, packaging, or advertising for services.
6. Pay and mail. Send the fee payable to the Treasurer of State with the application to the Bureau of Corporations, Elections and Commissions.

If the Bureau raises an objection, you will get a written notice explaining the deficiency. Most objections are curable - wrong class, weak specimen, applicant name that does not match the entity on record with the corporate division.

After Registration: Renewal and Enforcement

A Maine registration is a term registration and must be renewed to stay alive; Maine also provides forms for renewal (MARK-2) and amendment (MARK-3). Diary the expiration date the day the certificate arrives. A lapsed registration does not destroy your underlying common-law rights, but it removes the record advantage you paid for.

Enforcement is on you. Neither Maine nor the USPTO polices your mark. Watch for confusingly similar entity names appearing in the state database, similar domains, and marketplace listings. The usual escalation is a documented demand letter first, then suit if the use continues. Keeping dated proof of continuous use - invoices, packaging, ad buys - is what makes an enforcement action work.

When to Add a Federal USPTO Registration

Federal registration is the stronger right and is available when the mark is used in commerce that Congress can regulate - in practice, sales across state lines or online sales to out-of-state customers. Benefits include nationwide constructive notice, the ability to sue in federal court, a basis for foreign filings, and after five years of continuous use the possibility of incontestability.

The federal system also offers an intent-to-use application, which lets you claim a filing date before the mark is in use. Maine has no equivalent, so if you are launching a brand and want to lock a priority date early, the USPTO is the only option. See the national trademark hub for the federal timeline.

Total Cost of Protecting a Maine Business Name

Budget in layers. The state mark registration is $60 for one class plus $10 per additional class. Forming the entity that owns the mark is separate - see Maine annual report obligations and the Maine licensing rules for the recurring side. A federal application adds USPTO fees per class, and attorney assistance, while optional for a state filing, is common federally.

One cost that is always zero: a federal EIN. The IRS issues it free, and no trademark filing requires one, though the applicant entity usually already has one.

Common Mistakes Maine Applicants Make

The most frequent error is registering the entity name and assuming that is a trademark. It is not. The second is filing in the wrong applicant name - the owner must be the person or entity that actually uses the mark, so if the LLC uses the brand, the LLC applies, not the member. The third is claiming classes for products you plan to sell later; a Maine registration must rest on current use, and overclaiming invites refusal or later challenge. Finally, do not skip the federal search. A prior federal registrant can stop your Maine use even though the state issued you a certificate.

Frequently Asked Questions

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

Maine charges $60 to register a trademark or service mark in the first class, plus $10 for each additional class, under 10 M.R.S. section 1522. Payment goes to the Treasurer of State with Form MARK-1. Federal USPTO registration is a separate application with separate per-class fees.

What form do I use to register a trademark in Maine?

Form MARK-1, the Mark Application for Registration, filed with the Maine Secretary of State, Bureau of Corporations, Elections and Commissions. Related forms are MARK-2 for renewal and MARK-3 for amendment. The forms are published on the Secretary of State's mark forms page.

Do I have to use the mark before applying in Maine?

Yes. Maine requires actual use of the mark in Maine before the application is filed and asks for the date of first use anywhere and the date of first use in Maine. Unlike the federal system, Maine has no intent-to-use application for marks not yet in commerce.

Is a Maine LLC name the same as a trademark?

No. Registering an LLC name with the Secretary of State only reserves that exact name in the corporate database and satisfies entity naming rules. It creates no trademark right. Trademark rights come from use and are recorded through a Maine mark registration or a federal USPTO registration.

Should I register in Maine or with the USPTO?

Register with Maine if your market is entirely in-state and you want a low-cost record. Register federally if you sell across state lines or online, because federal registration gives nationwide constructive notice, access to federal court, and a basis for foreign filings. Many businesses file both.

Does Maine registration stop someone in another state from using my name?

No. A Maine registration reaches only Maine. A business using a similar name in another state is unaffected unless you have federal rights. Federal registration under the Lanham Act, 15 U.S.C. section 1051, is what provides nationwide constructive notice of your claim.

Related

• Trademark registration: the national guide (cluster hub)
• How to form an LLC in Maine
• Maine business entity search
• Maine DBA and assumed name filing
• Maine registered agent requirements
• Maine LLC annual report
• How to get a Maine business license
• Maine LLC operating agreement
• How to start a business in Maine
• How to dissolve an LLC in Maine

Sources

1. Maine Secretary of State - Marks (trademarks and service marks).
2. Maine Secretary of State - Mark Forms (MARK-1, MARK-2, MARK-3).
3. Maine Secretary of State - Form MARK-1, Mark Application for Registration (PDF).
4. Maine Legislature - 10 M.R.S. § 1522, Registration (fees: $60 first class, $10 each additional class).
5. Maine Secretary of State - Limited Liability Company information.
6. USPTO - Apply for a trademark.
7. USPTO - Search trademark database.
8. USPTO - Trademark fees and payment information.
9. USPTO - What is a trademark.
10. Cornell Legal Information Institute - 15 U.S.C. § 1051, Application for registration.
11. Cornell Legal Information Institute - 15 U.S.C. § 1127, Definitions.
12. IRS - Get an Employer Identification Number (free EIN).

LegalGlass provides general information for educational purposes and is not legal advice, is not a law firm, and is not a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current amounts with the Maine Secretary of State and the USPTO before acting.