How to Trademark a Business Name in North Carolina (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 North Carolina, you choose between a state registration with the NC Secretary of State ($75 per class, valid ten years) for in-state use, or a federal USPTO registration for nationwide rights. In either case, the mark must be in actual use in commerce to register.

State vs. Federal Trademark

A business name can be protected at two levels. A North Carolina state trademark, registered with the NC Secretary of State, protects a mark used within the state. A federal trademark with the United States Patent and Trademark Office (USPTO) provides nationwide priority and stronger remedies, which matters if you sell across state lines or online. Many businesses register at both levels.

Registering your LLC or corporate name with the Secretary of State, or filing an assumed business name, is not a trademark — it only reserves the entity or trade name. Brand protection requires a trademark. See the trademark hub and how to trademark a name for the federal route.

Search Before You File

Clearance is the critical first step. Search the NC Secretary of State trademark database for existing state marks and the USPTO database for federal marks in your class of goods or services. A conflicting mark for related products can block registration and create infringement exposure, even if the spelling differs slightly.

Also check the North Carolina business entity search and general web and domain use. Clearing the name across the registry, the trademark databases, and the market reduces the risk of a costly rebrand. If you find a conflict, pick a more distinctive name.

Registering a North Carolina State Mark

To register a state mark, you file a trademark or service mark application with the NC Secretary of State, Trademarks Section. North Carolina charges $75 per class, and the registration is valid for ten years and renewable — a longer term than many states offer. You must identify the class of goods or services and show the mark is already in use, typically with a specimen and first-use dates.

State registration is relatively inexpensive and puts others in North Carolina on notice. It suits businesses operating primarily in the state. Keep proof of continuous use and calendar the ten-year renewal so protection does not lapse.

Registering a Federal Trademark

For nationwide protection, file with the USPTO through the Trademark Electronic Application System (TEAS). You select the international class(es), provide a specimen of use (or file intent-to-use), and pay a per-class fee set by the USPTO. A USPTO examining attorney reviews the application, and it is published for opposition before registering.

Federal registration allows use of the ® symbol, creates a legal presumption of nationwide ownership, and supports enforcement in federal court. It is more involved and costlier than the state route, so confirm the current USPTO fee schedule and consider counsel for complex marks. See how to trademark a name.

TM, SM, and the Registered Symbol

You may use TM (goods) or SM (services) with a mark at any time to assert common-law rights, even before registration. These symbols signal that you claim the name as a brand. Common-law rights arise from use but are limited to your geographic market and can be hard to prove.

The federal registration symbol ® may be used only after the USPTO grants a federal registration; using it before that is improper. A North Carolina state registration does not permit the ® symbol. Marking your brand correctly while applications are pending avoids problems later.

Maintaining and Enforcing the Mark

A trademark's strength depends on use and enforcement. Renew a North Carolina state mark every ten years and keep using it. For a federal mark, file the required maintenance and continued-use declarations on the USPTO schedule or risk cancellation. Non-use can result in abandonment at either level.

Enforcement is the owner's job: monitor the market for confusingly similar names and act on infringement. Registration strengthens your position but does not police itself. Pair trademark protection with solid entity practices — see how to form an LLC and business tax — so brand and business are both protected.

Costs, Timing, and Common Pitfalls

Set expectations on timing. A North Carolina state registration is comparatively quick, while a federal USPTO application takes many months and passes through examination and a publication period before registering. If you are building a durable brand, begin the federal process early while relying on state and common-law rights in the interim.

Budget by class. North Carolina charges $75 per class, and federal fees are also charged per class of goods or services, so a mark spanning several classes costs more. Choose classes carefully — too few leaves protection gaps, too many wastes money. Confirm current federal amounts on the USPTO fee schedule.

Avoid weak names. Marks that merely describe your goods, or that are generic, are difficult or impossible to register and hard to enforce. Distinctive, coined, or arbitrary names are stronger and easier to protect. Choosing a strong name up front saves the cost and pain of rebranding later.

Do not mistake entity or assumed-name filings for trademarks. Registering your LLC name or an assumed business name with the Secretary of State only reserves it in the registry; it does not stop a competitor from using a confusingly similar brand. Only a state or federal trademark protects the brand itself.

Plan to police and renew. A registration you never enforce, or let lapse, loses value. Monitor the market and the USPTO for conflicts, keep using the mark, and calendar renewals — North Carolina's ten-year term and the federal maintenance windows. See how to trademark a name for the federal detail.

Clear the name across every layer before committing resources. Search the North Carolina trademark records and the USPTO database, then check domains, social handles, and general web use in your field. A mark can be registrable yet weak in a crowded market, so broad clearance protects both your legal rights and the money you will spend building the brand.

Select classes deliberately, since they define your protection and your cost. Federal and state fees are charged per class, and each class maps to a category of goods or services. Registering the classes that match your real and planned offerings avoids both coverage gaps and wasted fees, and it makes examination cleaner.

Organize specimens and first-use evidence as you launch. Labels, packaging, live sales pages, and advertising demonstrate use in commerce, which both North Carolina and the USPTO generally require. Dated records of first use support your priority if a dispute arises and make each application faster to prepare and easier to approve.

Treat the state and federal systems as complementary. North Carolina's ten-year registration gives durable in-state notice, while a federal USPTO registration adds nationwide priority, the trademark registry listing, and federal-court enforcement. Many businesses register the state mark for immediate local coverage and pursue federal registration as they expand. See how to trademark a name.

Budget realistically for the full lifecycle of a mark, not just the initial filing. Beyond the $75 state fee or the per-class federal fees, plan for renewals, possible responses to office actions, and the cost of monitoring and enforcement. A trademark is an asset you maintain over years, so treating those recurring costs as part of the investment keeps your protection from lapsing when it matters most.

Consider professional help for anything complex. Straightforward marks can be filed without counsel, but conflicting search results, descriptive-name concerns, or multi-class applications often justify a trademark attorney. The cost of good advice up front is usually far less than the cost of an abandoned application or an infringement dispute, especially when you are building a brand you intend to keep.

Frequently Asked Questions

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

A North Carolina state trademark costs $75 per class with the Secretary of State and lasts ten years. A federal USPTO registration costs more per class but provides nationwide protection.

Is registering my LLC name the same as a trademark?

No. Registering an LLC or corporate name, or an assumed business name, only reserves the name in the registry. A trademark protects the brand and is filed with the Secretary of State or the USPTO.

How long does a North Carolina trademark last?

A North Carolina state trademark registration is valid for ten years and can be renewed, provided the mark remains in use in commerce. Federal registrations require periodic maintenance filings.

Do I need to use the name before registering?

Generally yes. State and federal registration require actual use in commerce, though the USPTO permits an intent-to-use application that matures into registration once you begin using the mark.

When can I use the registered trademark symbol?

Only after the USPTO grants a federal registration. Before that, use TM for goods or SM for services. A state registration does not permit the registered symbol.

Related

• Trademark basics (hub)
• How to trademark a name
• North Carolina business entity search
• How to form an LLC in North Carolina
• What is a DBA
• Business tax overview

Sources

1. North Carolina Secretary of State — Trademarks ($75 per class; ten-year term).
2. North Carolina Secretary of State — Business Registration Search (name availability).
3. North Carolina General Assembly — Chapter 80 (Trademarks) (state trademark statute).
4. North Carolina Dept. of Revenue — Business Registration (state business taxes).
5. USPTO — Trademark Process (federal registration steps).
6. USPTO — Apply for a Trademark (TEAS) (online application system).
7. USPTO — Trademark Fee Information (per-class filing fees; confirm current schedule).
8. USPTO — Search Trademark Database (clearance search before filing).
9. Cornell LII — 15 U.S.C. § 1051 (application for registration; Lanham Act).
10. Cornell LII — 15 U.S.C. § 1127 (trademark definitions).
11. Cornell LII — Trademark (legal overview).
12. IRS — Business Structures (entity types overview).
13. IRS — Get an Employer Identification Number (EIN is free; issued by the IRS).

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 North Carolina Secretary of State and the USPTO before acting.