How to Trademark a Business Name in Wyoming (2026)

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

To trademark a business name in Wyoming, use the mark in the state and then file an Application for Registration of Trademark or Service Mark with the Wyoming Secretary of State. The filing fee is $100 and processing takes up to 20 business days. Wyoming registration protects the mark in Wyoming only; nationwide rights come from the USPTO.

Quick Answer

Filing: Application for Registration of Trademark or Service Mark
Agency: Wyoming Secretary of State, Business Division
Fee: $100
Processing: Up to 20 business days from receipt
Authority: Wyo. Stat. Title 40, Chapter 1 - Trademarks and Service Marks
Scope: Wyoming only; no ® symbol
Federal option: USPTO registration for interstate use

What the $100 Wyoming Registration Buys

A Wyoming trademark or service mark registration is a state record that your business uses a specific word, phrase, design, or slogan to identify its goods or services in Wyoming. For $100 it puts your claim, its date, and its scope into the Secretary of State's searchable register, where it can be cited against a later Wyoming user of a confusingly similar mark.

A state registration is not a federal registration. It reaches only the borders of the state and never supports a ® symbol - that symbol is reserved for marks registered with the United States Patent and Trademark Office. Businesses that sell across state lines or online usually want the federal registration; the state filing is a cheap, fast supplement or a fallback when interstate use cannot yet be shown. See the national how to trademark a business name guide and the trademark hub for the federal path.

Wyoming's trademark law lives in Title 40, Chapter 1 of the Wyoming Statutes. Like federal law, it protects marks that are actually used, not names that are merely claimed. Registration is a recording and evidentiary tool that sits on top of rights created by use.

Trademark, Entity Name, and Trade Name Are Different

Wyoming offers three filings that people describe as "trademarking a name," and only one is a trademark.

The entity name is the legal name on your Articles of Organization. It stops another Wyoming entity from registering the identical name and nothing more. See how to form an LLC in Wyoming.

The trade name - Wyoming's DBA - lets a business operate under a name other than its legal name. The Secretary of State publishes a separate trade name registration application with its own fee. It is a disclosure filing; it grants no exclusive brand rights. See what a DBA is.

The trademark or service mark registration is the brand filing. It is the one that speaks to consumer confusion and the one worth $100 if your name carries commercial weight in the state.

Step 1: Search the Wyoming and Federal Registers

Wyoming publishes a searchable database of trademarks registered in the state, linked from the Secretary of State's trademark registration page. Search it for your exact wording and for close variants - the standard is confusing similarity, not identity, so a near miss still matters.

Then search the USPTO database. A federal registration owned by someone else has nationwide priority and can be enforced in Wyoming even if the Wyoming register is empty. Both searches are free, and both take minutes. Skipping them is how a business discovers a conflict after it has already paid for signage.

Step 2: Establish Use and Gather a Specimen

Wyoming registers marks that are in use. The application asks for the date the mark was first used anywhere and the date it was first used in Wyoming, and it requires a specimen showing the mark as customers encounter it - a label, a tag, packaging, signage, a service invoice, or a screenshot of the page where the service is offered.

Keep the specimen dated and keep a copy. If the registration is ever challenged, or if you later file federally and want to claim the earlier date, the contemporaneous evidence of first use is what carries the argument.

Step 3: Pick the Class

The application is filed by class of goods or services under the international classification system. Choose the class that matches your actual commercial activity. An outfitter's guided trips, a retailer's apparel, and a software company's downloadable product all sit in different classes.

If your business truly operates in more than one class, expect a separate application and a separate $100 fee for each. Over-claiming classes is not a bargain: unused classes create vulnerability rather than coverage.

Step 4: File and Pay the $100 Fee

File the Application for Registration of Trademark or Service Mark with the Wyoming Secretary of State's Business Division. The filing fee is $100, and the office states that processing takes up to 20 business days following the date the application is received. Expedited handling is available under the office's published expedite procedure for an additional charge.

The application requires the applicant's legal name and address, a drawing or clear description of the mark, the goods or services and class, the dates of first use, and the specimen. Incomplete specimens are the most common reason an application is returned, which restarts the 20-business-day clock.

Renewal, Assignment, and Enforcement

Wyoming registrations run for a set term and then must be renewed under Title 40, Chapter 1. If the business is sold or the mark is transferred, record the transfer on the Secretary of State's trademark assignment form so the register matches the real owner - an unrecorded assignment weakens the chain of title.

The state does not police the register. Enforcement is a private matter: your registration is evidence supporting a demand letter or a suit, but you bring the action. Continuous use matters as much as the certificate. A mark abandoned through non-use loses its protection no matter what the register says.

Wyoming vs. Federal Registration

Wyoming's $100 filing is one of the cheapest brand protections available, but its reach stops at the state line. Many Wyoming LLCs are holding companies or online businesses whose customers are nowhere near Wyoming; for those, a state registration protects almost nothing of commercial value and the USPTO filing is the one that counts.

Feature	Wyoming registration	USPTO registration
Fee	$100	Per-class USPTO fee
Geographic reach	Wyoming only	All 50 states
Processing	Up to 20 business days	Many months
Use required first	Yes, use in Wyoming	Use in commerce, or intent-to-use
® symbol	No	Yes, after registration
Authority	Wyo. Stat. Title 40, ch. 1	Lanham Act, 15 U.S.C. 1051 et seq.

A common sequence is to file federally, then add the $100 Wyoming registration for an enforceable in-state record while the USPTO application is pending. See how to trademark a business name, registered agent requirements, and business licensing for the rest of the launch checklist.

Frequently Asked Questions

How much does a Wyoming trademark cost?

The Wyoming Secretary of State charges $100 to file an Application for Registration of Trademark or Service Mark. That fee covers one class of goods or services; a business that operates in more than one class files a separate application and pays a separate $100 fee for each class.

How long does Wyoming take to process a trademark application?

The Wyoming Secretary of State states that processing takes up to 20 business days following the date the application is received in the office. Expedited handling is available for an additional charge under the office's published expedite procedure. An incomplete application restarts the clock.

Does a Wyoming LLC name give me trademark rights?

No. The name on your Articles of Organization only prevents another Wyoming entity from registering the identical name on the corporate register. It does not stop anyone from using that name as a brand. Trademark rights require a separate trademark registration or a federal USPTO filing.

Can I use the registered trademark symbol with a Wyoming registration?

No. The federal registration symbol may be used only for marks registered with the United States Patent and Trademark Office. With a Wyoming-only registration you may use TM for goods or SM for services, which signals a claim of rights without asserting a federal registration.

Do I have to be using the mark before I file in Wyoming?

Yes. Wyoming registers marks in actual use. The application asks for the date of first use anywhere and the date of first use in Wyoming, and requires a specimen showing the mark as customers see it. To reserve a name before launch, use the federal intent-to-use route instead.

Does a Wyoming trademark protect my brand nationwide?

No. Wyoming registration reaches only Wyoming. A business in another state may use the same mark there unless you hold a federal registration. If you sell online or ship across state lines, the USPTO registration is the filing that creates nationwide rights.

Sources

Wyoming Secretary of State - Trademark Registration ($100 fee; up to 20 business days).
Wyoming Secretary of State - Application for Registration of Trademark or Service Mark.
Wyoming Secretary of State - Business Division Filing Fee Schedule.
Wyoming Secretary of State - Trademark Assignment form.
Wyoming Secretary of State - How to Request an Expedited Filing.
Wyoming Legislature - Wyoming Statutes Title 40, Chapter 1, Trademarks and Service Marks.
Wyoming Secretary of State - Trade Name Registration Application (DBA, distinct from a trademark).
USPTO - Trademark basics.
USPTO - Trademark search.
Legal Information Institute (Cornell) - 15 U.S.C. 1127 (use in commerce).

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 Wyoming Secretary of State and the United States Patent and Trademark Office before acting.