How to Trademark a Business Name in West Virginia
You register a business name as a trademark in West Virginia by filing the Application for Trademark/Service Mark, Form TM-1, with the West Virginia Secretary of State. The fee is $50 for a mark used in one or two classifications, plus $50 for each additional classification.
Quick Answer
- Form
- Form TM-1, Application for Trademark/Service Mark
- Agency
- West Virginia Secretary of State
- Fee
- $50 for one or two classifications; $50 per additional classification
- Specimens
- Four specimens showing the mark in use must be attached
- Signature
- The application must be signed and notarized
- Governing law
- West Virginia Code chapter 47, article 2
What a West Virginia Trademark Registration Does
A state trademark registration with the West Virginia Secretary of State records your claim to a mark used in West Virginia and gives you a public, dated record of that claim. It is governed by West Virginia Code chapter 47, article 2.
It is narrower than a federal registration. A West Virginia registration reaches West Virginia; it does not create rights in Ohio, Kentucky, or anywhere else, and it does not give you the nationwide presumptions that come with a federal registration on the Principal Register. If your business sells across state lines or online nationally, federal registration with the USPTO is the more useful protection. See the trademark hub.
Registration also differs from forming an entity. Filing a Certificate of Formation with the Secretary of State reserves your entity name on the corporate register; it does not give you trademark rights. Two businesses can hold near-identical entity names in different states while neither has any trademark claim. See how to form an LLC in West Virginia.
Search Before You File
The Secretary of State instructs applicants to contact the U.S. Patent and Trademark Office for a search of federal marks before applying. That is the right order: a federal registrant with prior rights can stop you from using a name regardless of whether West Virginia registers it.
Then search the Secretary of State's own registered marks database, an online service that lists marks already registered in West Virginia. A conflicting state registration is the most common reason an application is refused.
Search broadly: phonetic equivalents, common misspellings, and marks in related classes. Trademark conflict turns on likelihood of confusion, not identical spelling, so "Klear Water" can conflict with "Clear Water" for the same goods. Also check whether the name is already in use as an unregistered common-law mark, since prior use can defeat a later registration.
What Can and Cannot Be Registered
State registration requires that the mark actually be in use in connection with the goods or services. Unlike the federal system, which allows an intent-to-use application, a West Virginia application is grounded in actual use, and the application asks for the dates the mark was first used.
Marks that merely describe the goods or services are weak and often refused. "Charleston Plumbing" describes a location and a service; it is hard to protect. Distinctive marks - coined words, arbitrary words applied to unrelated goods, or suggestive marks - are stronger and more likely to register. Generic terms cannot be registered at all.
Note the distinction between a trademark, which identifies goods, and a service mark, which identifies services. Form TM-1 covers both. The classification you select determines the scope of the registration and drives the fee when you register in more than two classes.
Choose classifications deliberately rather than defensively. Because West Virginia charges $50 for the first one or two classifications and another $50 for each additional one, a scattershot filing across many classes multiplies the cost quickly. It can also weaken the registration: a mark claimed in a class where you do not actually use it is vulnerable, because state registration rests on use. Claim the classes covering what you sell today and the classes you are genuinely about to enter, and file a separate application later if the business expands into a new line of goods or services.
Filing Form TM-1
The application is the Secretary of State's Form TM-1, Application for Trademark/Service Mark. It asks for the applicant's name and address, a description of the mark, the goods or services on which it is used, the classification, and the dates of first use in West Virginia and elsewhere.
Two mechanical requirements catch applicants out. First, you must attach four specimens showing the mark in actual use in connection with the goods or services - not a drawing of the mark alone, but evidence of use such as labels, tags, packaging, or advertising for services. Second, the application must be signed and notarized.
File the original with the Secretary of State - file two if you want a date-stamped copy returned to you - with a check payable to the WV Secretary of State. The fee is $50 for a mark used in one or two classifications, and an additional $50 for each additional classification.
West Virginia Trademark Fees
| Item | Form | Fee |
|---|---|---|
| Trademark or service mark registration, one or two classifications | TM-1 | $50 |
| Each additional classification | TM-1 | $50 |
| Federal trademark application (separate, USPTO) | USPTO application | Set by the USPTO |
Renewal, assignment, and cancellation filings carry their own fees set by the Secretary of State; confirm the current amounts on the Secretary of State's trademark pages before filing. Registration runs for a fixed term and must be renewed to stay in force, so calendar the expiration date when the certificate arrives.
Compared with a federal application, $50 is inexpensive - which is exactly why a state registration should not be mistaken for equivalent protection. It buys a West Virginia record, not national rights.
State Registration vs. Federal Registration
Federal registration with the USPTO is available for marks used in interstate commerce and is the stronger right. It creates a nationwide presumption of ownership and of the exclusive right to use the mark on the registered goods or services, gives constructive notice to later adopters, supports federal court jurisdiction, and can be recorded with Customs to block infringing imports.
State registration is worth having when your trade is genuinely local, when you want an inexpensive dated record of use while you decide about federal filing, or as a supplement to a federal application. Many businesses do both.
Neither registration is what creates trademark rights in the first place. In the United States, rights arise from use of a mark in commerce. Registration records, strengthens, and extends those rights; it does not manufacture them. A business that has used a name in West Virginia for a decade has common-law rights in its trading area even with no registration at all.
After You Register
Use the mark consistently. Trademark rights are tied to use, and a mark that is not used can be abandoned. Use it in the same form you registered it, on the goods or services you claimed, and keep dated samples of packaging, invoices, and advertising as evidence.
Police the mark. Neither the Secretary of State nor the USPTO enforces your rights for you. Watch for confusingly similar names among competitors and address problems early - delay weakens your position.
Keep the business filings separate in your mind. A trademark protects the brand; a DBA merely lets you trade under another name; and the entity registration with the Secretary of State, along with your West Virginia registered agent, keeps the company itself in good standing. See also what an LLC is, business licenses, and the glossary for the terminology.
Frequently Asked Questions
How much does it cost to trademark a business name in West Virginia?
$50 for a mark used in one or two classifications, plus an additional $50 for each additional classification, paid to the West Virginia Secretary of State with Form TM-1. Federal registration with the USPTO is separate and costs more; the USPTO sets those fees.
What form registers a trademark in West Virginia?
Form TM-1, the Application for Trademark/Service Mark, filed with the West Virginia Secretary of State. It covers both trademarks for goods and service marks for services. File one original, or two if you want a date-stamped copy returned to you.
Do I need specimens to register a West Virginia trademark?
Yes. The Secretary of State requires four specimens attached to the application showing the mark in actual use in connection with the goods or services. A drawing of the mark alone is not enough; supply real labels, tags, packaging, or service advertising.
Does the West Virginia application have to be notarized?
Yes. The Secretary of State requires Form TM-1 to be signed and notarized before it is filed. An unsigned or un-notarized application will be rejected, which delays your filing date and therefore the priority the registration records.
Should I register in West Virginia or with the USPTO?
A West Virginia registration protects only within West Virginia. Federal registration with the USPTO covers interstate commerce and gives nationwide presumptions of ownership and exclusive rights. If you sell across state lines or online nationally, federal registration is the more useful protection; many businesses file both.
Does registering my LLC name protect it as a trademark?
No. Forming an entity reserves the name on the Secretary of State's corporate register so no other West Virginia entity can file the identical name. It creates no trademark rights. Brand protection requires a trademark registration or common-law rights built through actual use.
Related
- Trademark hub
- How to form an LLC in West Virginia
- West Virginia registered agent
- What is a DBA
- What is an LLC
- Business license overview
- How to get an EIN
- Registered agent guide
- How to dissolve an LLC
- Legal glossary
Sources
- West Virginia Secretary of State - Register a Trademark or Service Mark ($50 for one or two classifications; $50 per additional classification; four specimens; notarized signature; search federal marks first).
- West Virginia Secretary of State - Form TM-1, Application for Trademark/Service Mark (PDF; file one original, two for a date-stamped copy).
- West Virginia Secretary of State - Search registered marks (West Virginia trademark database).
- West Virginia Legislature - West Virginia Code chapter 47, article 2 (trademarks and service marks).
- West Virginia Legislature - West Virginia Code 59-1-2 (Secretary of State fees).
- USPTO - Trademark basics (federal registration; scope of rights).
- USPTO - Search trademark database.
- USPTO - Apply for a trademark (federal application and current fees).
- USPTO - What is a trademark (rights arise from use in commerce).
- IRS - Get an Employer Identification Number (EIN is free; one EIN per responsible party per day).
- IRS - Limited Liability Company (LLC) (federal default classification).
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 West Virginia Secretary of State and the USPTO before acting.