How to Trademark a Business Name in Oregon (2026)
Oregon registers trademarks and service marks through the Secretary of State's Corporation Division. The application for registration costs $50, registration runs for five years, and renewal costs $50 every five years. State registration covers Oregon only; nationwide rights require a federal filing with the USPTO.
Quick Answer
- Filed with
- Oregon Secretary of State, Corporation Division
- Application fee
- $50 (Business Registry Fee Schedule)
- Term
- Five years
- Renewal
- $50, every five years
- Assignment or cancellation
- $50
- Statute
- ORS Chapter 647 (trademarks and service marks)
- Nationwide rights
- Federal registration with the USPTO, filed separately
What Oregon Registration Gives You
An Oregon trademark or service mark registration is a state right recorded with the Secretary of State's Corporation Division under ORS Chapter 647. It creates a public record that you claim the mark for particular goods or services, gives constructive notice to anyone who searches the register, and supports enforcement against later Oregon adopters. What it does not do is reach beyond Oregon: a competitor in Idaho is unaffected by an Oregon registration.
Registration is also not what creates your rights. In the United States, trademark rights arise from use in commerce. Registration records and strengthens rights you already have by using the mark. That distinction explains why an unregistered business with years of use can sometimes defeat a newer registrant.
Oregon Trademark Fees
The Secretary of State publishes all Corporation Division fees in one Business Registry Fee Schedule. Under "Trade and Service Marks," the amounts are straightforward.
| Filing | Fee | Cycle |
|---|---|---|
| Application for Registration (trade or service mark) | $50 | One-time |
| Renewal | $50 | Every 5 years |
| Assignment or Cancellation | $50 | As needed |
| Fraternal Insignia - Application for Registration | $50 | No renewal required |
| Optional confirmation copy | $5 | As needed |
At $50 for five years of coverage, Oregon state registration is one of the least expensive brand filings a small business can make. Compare that with federal registration at the USPTO, where fees are charged per class of goods or services and run substantially higher, and where the process typically takes many months.
Step 1: Clear the Name Before You Apply
Clearance is the step that saves money. Search in three places. First, Oregon's Business Name Search on the Secretary of State site, which covers registered entities and assumed business names - see Oregon business entity search. Second, the Corporation Division's mark records, because an existing Oregon registration for related goods is a direct obstacle. Third, the USPTO database, since a federal registrant's rights reach into Oregon regardless of what the state register says.
Search beyond exact matches. Trademark conflicts turn on likelihood of confusion, which covers similar sounds, similar appearances, and similar meanings for related goods. "Cascadia Roasters" and "Kaskadia Coffee Roasting" are a conflict even though the strings differ.
Step 2: Pick a Mark That Can Be Protected
Not every name is registrable. Marks fall on a spectrum of strength. Fanciful (invented words) and arbitrary (real words unrelated to the goods) marks are the strongest. Suggestive marks hint at a quality without describing it and are protectable. Descriptive marks merely describe the goods and are refused unless they have acquired distinctiveness through long use. Generic terms can never be trademarks. "Portland Plumbing" is descriptive and geographically limited; a coined name is far easier to register and to enforce.
Step 3: File the Application
The Oregon application asks for the applicant's identity, the mark itself, the goods or services the mark is used with, the class or classes, the date the mark was first used anywhere and first used in Oregon, and a specimen showing the mark as actually used - a label, tag, packaging photograph, or screenshot of the service being advertised. Submit it to the Corporation Division with the $50 fee. Get the goods-and-services description right: it defines the scope of what you can later enforce.
Step 4: Maintain and Renew
Oregon registration runs on a five-year cycle, and renewal costs $50. Calendar the renewal the moment the certificate arrives; unlike an entity annual report, a lapsed mark registration is easy to forget because nothing else depends on it. If the business is sold or reorganized, record the assignment with the Corporation Division - also $50 - so the register reflects the true owner.
State vs. Federal Registration
The decision is about geography and budget.
| Oregon registration | USPTO registration | |
|---|---|---|
| Territory | Oregon only | Nationwide |
| Filing fee | $50 | Per class, set by the USPTO |
| Term | 5 years | 10 years, with a maintenance filing between years 5 and 6 |
| Intent-to-use filing | Generally based on actual use | Available |
| Court access | State courts | Federal courts |
| Registry symbol | TM / SM | ® once registered |
A local restaurant, contractor, or clinic is often well served by the state filing alone. Anything selling online to customers outside Oregon should plan on the federal application. Read the trademark hub for the federal process end to end.
Trademarks, Entity Names, and Assumed Business Names
Three different Oregon filings are easily confused. Forming an Oregon LLC registers an entity name. Registering an assumed business name under ORS Chapter 648 lets you trade under a name that is not your legal name - see Oregon assumed business name. Neither of those grants brand rights. Only the trademark registration addresses who may use the brand. Businesses routinely need all three.
Using and Enforcing the Mark
Use the mark consistently, in the same form you registered, on the goods and services you listed. Mark it - TM for goods or SM for services before federal registration, and the ® symbol only after a federal registration issues. Police the market: set alerts for your brand, review new Oregon entity and assumed-name filings, and address conflicts early with a demand letter before positions harden. Rights that are not enforced weaken.
Finally, be skeptical of unsolicited mail offering "trademark monitoring" or "registration renewal" for large fees. The Oregon Secretary of State publishes a standing warning about misleading solicitations sent to newly registered businesses. Oregon's own fees are the $50 amounts above, and federal correspondence comes from the USPTO. When in doubt, verify on the agency's own site, and see Oregon business license and the glossary for adjacent requirements.
Frequently Asked Questions
How much does it cost to trademark a business name in Oregon?
The Oregon Secretary of State's Business Registry Fee Schedule lists the Application for Registration of a trade or service mark at $50. Renewal, required every five years, is also $50, and an assignment or cancellation filing is $50. Federal registration with the USPTO is a separate process with its own, substantially higher, per-class fees.
How long does an Oregon trademark registration last?
Five years. The Oregon Secretary of State's fee schedule lists trade and service mark renewal on a five-year cycle at $50 per renewal. Letting a registration lapse does not necessarily destroy common-law rights built through actual use, but it removes the benefits and public notice that state registration provides.
Do I need to register a trademark to use a business name in Oregon?
No. Registering an LLC name or an assumed business name with the Secretary of State lets you operate under that name, and using a mark in commerce creates common-law rights. Registration is optional but valuable: it creates a public record, provides notice to later adopters, and supports enforcement.
What is the difference between an Oregon trademark and a business name registration?
A business name registration - the entity name or an assumed business name - tells the state who is operating. A trademark registration protects the mark that identifies the source of goods or services. Two businesses can hold different entity names while fighting over one brand, which is why the trademark filing is the one that governs brand rights.
Should I file in Oregon or with the USPTO?
It depends on your market. If your customers are all in Oregon, state registration at $50 is inexpensive and adequate. If you sell across state lines or online nationally, federal registration with the USPTO gives nationwide constructive notice, access to federal court, and a basis for foreign filings. Many businesses eventually hold both.
Can I register a trademark before I start using the name?
State trademark registration is generally grounded in actual use of the mark in Oregon, and the application asks for use information and a specimen. The USPTO, by contrast, accepts intent-to-use applications that reserve rights before use begins. If you need to lock in a name well before launch, the federal route is the one built for it.
Related
- Oregon business entity search
- Oregon assumed business name (DBA)
- How to form an LLC in Oregon
- Oregon LLC cost
- Oregon registered agent
- Oregon annual report
- Oregon business license
- Oregon LLC operating agreement
- Oregon Articles of Organization
- Oregon LLC tax filing
- Trademark hub (national)
- What is a DBA?
Sources
- Oregon Secretary of State - Business Registry Fee Schedule (Trade and Service Marks: Application for Registration $50; Renewal every 5 years $50; Assignment/Cancellation $50).
- Oregon Secretary of State - Register a Business (Corporation Division filings).
- Oregon Secretary of State - Business Name Search.
- Oregon Secretary of State - Don’t Be Misled (warnings about third-party solicitations).
- Oregon State Legislature - ORS Chapter 647 (trademarks and service marks).
- Oregon State Legislature - ORS Chapter 648 (assumed business names).
- Oregon Department of Revenue - Businesses.
- U.S. Patent and Trademark Office - Trademark basics.
- U.S. Patent and Trademark Office - Search trademark database.
- U.S. Patent and Trademark Office - Apply for a trademark.
- IRS - Get an Employer Identification Number.
- IRS - Limited Liability Company (LLC).
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 Oregon Secretary of State Corporation Division and the USPTO before acting.