How to Trademark a Business Name in Washington (2026)

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

Washington state trademark registration costs $55 per classification, filed on the Secretary of State's Trademark Registration form under Chapter 19.77 RCW. Trademark filings must be submitted by postal mail and cannot be filed online. Federal protection requires a separate USPTO application.

Quick Answer

State filing fee: $55 per classification selected
Form: Trademark Registration (Washington Secretary of State)
Filing method: Postal mail only - no online trademark filing
Governing law: Chapter 19.77 RCW, Trademark Registration
Specimen: A legible sample of the mark for each classification
Expedited service: Available for an additional fee - confirm the current amount
Federal option: USPTO registration under 15 U.S.C. § 1051
Scope: Washington only; federal registration is nationwide

Three Different Things Called "Trademarking a Name"

Registering an LLC name with the Washington Secretary of State reserves that exact entity name in the corporate register. It is a naming rule for filings and creates no trademark right. Filing a trade name or DBA is likewise a disclosure filing. Neither stops a competitor from using a confusingly similar brand.

A Washington trademark registration under Chapter 19.77 RCW is a real trademark right recorded with the state. It gives statewide record notice and procedural advantages in a Washington infringement action. A federal registration with the USPTO gives nationwide constructive notice and access to federal court.

Under both systems rights arise from use, not from the certificate. Registration perfects and publicises rights you already have.

What Washington Will Register

Washington registers trademarks used on goods and service marks used for services. The mark must be in actual use in Washington - the state form asks for use in commerce and requires proof of it. Marks that are generic for the goods or services are not registrable. Merely descriptive marks are refused without acquired distinctiveness. Marks confusingly similar to a mark already registered in Washington or already in use are refused.

The specimen requirement is stricter than applicants expect. A legible sample of the mark must be attached for each classification number, and acceptable samples must show the mark clearly visible on the goods, or displayed in connection with the services, and must demonstrate use in commerce. Mock-ups, logo files, and business cards for a service you have not yet sold are the usual reasons an application stalls.

Classification and the $55-Per-Class Fee

Washington uses the international classification system. Each class you claim is a separate scope of protection and a separate fee line. The filing fee for a Trademark Registration is $55 per classification selected. Expedited service is available for an additional fee; confirm the current expedite amount on the form itself, since the Secretary of State has revised it.

Filing	Washington fee
Trademark registration, per classification	$55
Two classes	$110
Three classes	$165
Federal application (USPTO)	Per class, per the USPTO fee schedule

Claim only the classes matching goods or services you actually sell today. Overclaiming multiplies the fee and invites refusal on the classes you cannot support with a specimen.

How to File a Washington Trademark Registration

Confirm use. The mark must already be used in Washington on the goods or with the services claimed.
Search. Check the Washington business entity search for conflicting entity names and the USPTO database for prior federal registrations.
Select classifications. One line, and one $55 fee, per class.
Download the Trademark Registration form from the Secretary of State. The form is electronically fillable, but it must be saved, printed, and mailed - it cannot be filed online.
Attach a specimen for each class. The mark must be clearly visible on the goods or displayed with the services.
Mail the signed form, specimens, and fee to the Corporations and Charities Division.

Because filing is by mail, build in transit and review time. If you need the registration by a fixed date, use the expedited option rather than assuming standard processing will make it.

After Registration: Renewal, Amendment, Enforcement

Washington registrations run for a fixed term and must be renewed. The Secretary of State publishes a separate Trademark Renewal form and a Trademark Amendment form for changes to the owner, the mark, or the goods and services. Diary the renewal date when the certificate arrives; a lapsed registration does not destroy common-law rights but forfeits the record advantage you paid for.

Enforcement is entirely the owner's job. Neither Washington nor the USPTO monitors your mark. Watch the state entity register for confusingly similar names, watch domain registrations, and watch marketplace listings. Keep dated evidence of continuous use, because that evidence is what an enforcement action rests on.

Adding a Federal USPTO Registration

Federal registration is available where the mark is used in commerce Congress can regulate - in practice, interstate or online sales. It provides nationwide constructive notice, a presumption of validity, the right 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, letting you claim a priority date before the mark is in use. Washington has no equivalent, so a brand still in development has only the federal route. Most Washington businesses selling online should treat the state registration as a cheap supplement to, not a substitute for, a federal filing. See the national trademark hub.

Budgeting the Whole Brand Protection Stack

Four costs stack. The state registration is $55 per class. A federal application adds USPTO fees per class at the rate published on the USPTO fee page. Entity formation is separate - see Washington LLC cost and the Washington annual report for the recurring side. And a Washington business license through the Department of Revenue is a different requirement again, unrelated to trademark rights.

One line item is always zero: a federal EIN from the IRS.

Common Washington Trademark Mistakes

Filing in the wrong applicant name is the most damaging. The owner must be the person or entity that actually uses the mark, so if the LLC runs the brand, the LLC applies. Second is submitting a specimen that shows only the logo file rather than the mark in use. Third is claiming classes for planned products, which Washington's use requirement will not support. Fourth is assuming an online filing exists - trademark filings must be mailed. Fifth is skipping the federal search: a prior federal registrant can bar your use in Washington even after the state issues a certificate.

Frequently Asked Questions

How much does a Washington state trademark cost?

The filing fee is $55 per classification selected on the Washington Secretary of State's Trademark Registration form. Two classes cost $110, three cost $165. Expedited service is available for an extra fee; confirm the current expedite amount on the form. Federal USPTO fees are separate.

Can I file a Washington trademark online?

No. The Washington Secretary of State's Trademark Registration form is electronically fillable, but it must be saved, printed, and mailed to the office for review of filing. Trademark filings cannot be submitted online, so allow for postal transit and review time.

What proof does Washington require for a trademark?

A legible sample, or specimen, of the mark must be attached for each classification number. Acceptable samples must show the mark clearly visible on the goods or displayed in connection with the services, and must demonstrate actual use in commerce rather than a proposed design.

Is registering an LLC name in Washington a trademark?

No. Registering an LLC name with the Secretary of State only reserves that exact name in the corporate register and satisfies entity naming rules. Trademark rights come from use and are recorded through a Washington registration under Chapter 19.77 RCW or a federal USPTO registration.

Should I register in Washington or with the USPTO?

Register with Washington if your market is entirely in-state and you want an inexpensive state record. Register federally if you sell across state lines or online, because federal registration gives nationwide constructive notice, access to federal court, and an intent-to-use option Washington lacks.

Does a Washington trademark stop use in other states?

No. A Washington registration reaches only Washington. Businesses using a similar name elsewhere are unaffected unless you hold federal rights. Federal registration under the Lanham Act, 15 U.S.C. section 1051, is what gives nationwide constructive notice of your claim.

Sources

Washington Secretary of State - Trademarks (registration process; mail-only filing).
Washington Secretary of State - Trademark Registration form ($55 per class; specimen requirement).
Washington Secretary of State - Trademark Registration, revised 6.2025 (PDF).
Washington Secretary of State - Trademark Renewal form (PDF).
Washington Secretary of State - Corporations and Charities, Business Entities.
Washington Legislature - Chapter 19.77 RCW, Trademark Registration.
Washington Department of Revenue - Apply for a Business License.
USPTO - Apply for a trademark.
USPTO - Search trademark database.
USPTO - Trademark fees and payment information.
Cornell Legal Information Institute - 15 U.S.C. § 1051, Application for registration.
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 Washington Secretary of State and the USPTO before acting.