How To Trade Mark A Business Name 

A "mark" serves to differentiate one's goods and services from those of others. The Office of the Secretary of State is in charge of trademark, service mark, and trade name registrations at the state level. The registration of trademarks and service marks was codified in 1981. In 1988, trade name registrations were codified.

Despite the fact that the term "trademark" is frequently used to apply to both trademarks and service marks, the two marks have distinct functions. A trademark is a symbol that is used to identify products that are created or sold. A service mark is a symbol that identifies the type of service provided. A business, career, occupation, or profession is identified by its trade name.

By submitting an application for registration, three specimens, and the registration fee, trademarks, service marks, and trade names can be registered. Mark registrations have a five-year effective period. Renewal of trademarks, service marks, and trade names is done by submitting a renewal application, one specimen, and the renewal fee. A notarized statement of assignment must be filed in our office with the assignment fee if the owner of a mark changes as a consequence of a legitimate transfer of the mark.

This office's rejection/denial of mark registration does not prevent the mark from being used. In Alabama, common laws of adoption and usage are used to establish ownership rights. According to Alabama common law, if you adopt and use a mark and can prove that you were the first to do so, you have exclusive rights to that mark. Any ownership controversy is addressed outside of the Secretary of State's Office and is a legal matter.

You may look up information for all registered trademarks in the state by searching internet records.