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Fillmore Spencer Utah Attorneys

Filing for a Utah State Trademark: A Simple 6-Step DIY Guide

Protecting your brand identity is crucial in today’s competitive business landscape. Fortunately, Utah offers a state trademark (TM) option for businesses operating within its borders. Here’s a step-by-step process to guide you through filing for a Utah State Trademark:

Brand Branding Advertising Utah State Trademark Marketing Concept

1. Conduct a Trademark Search:

  • Before filing, it’s essential to conduct a thorough trademark search to ensure your desired mark isn’t already in use by another business within Utah. You can use the Utah Division of Corporations and Commercial Code’s online trademark database (https://secure.utah.gov/trademark/search/index.html) or hire a professional search service for a more comprehensive search.

2. Choose Your Filing Method:

3. Prepare Your Utah State Trademark Application:

  • Whether online or paper, you’ll need to provide the following information:
    • Applicant Information:  Your name, address, and contact information.
    • Trademark Information:
      • A clear and accurate description of your trademark (word, phrase, symbol, design, etc.).
      • How you’ll be using the trademark (e.g., on products, services, or advertising).
      • The International Classification of Goods and Services (ICGS) class(es) associated with your goods or services. You can find the appropriate class(es) using the United States Patent and Trademark Office (USPTO) website (https://www.uspto.gov/trademarks/apply).
    • Filing Fee:  $50 payable by check or money order made payable to “State of Utah.”
    • Examples of Use:  If your trademark is not just a word or slogan, you’ll need to submit examples of how you’re currently using it (e.g., product labels, packaging, marketing materials).

4. Submit Your Application:

  • Once you’ve completed the application and gathered all necessary documentation, submit it through the chosen method – online or by mail.

5. Review and Processing:

  • The Division of Corporations and Commercial Code will review your application for completeness and potential conflicts with existing trademarks.
  • If any issues arise, they will contact you with instructions for addressing them.

6. Approval and Issuance of your Utah State Trademark:

  • If your application is approved, you’ll receive a Certificate of Registration from the state, officially registering your trademark in Utah.

Additional Notes:

  • It’s important to understand that filing a Utah State Trademark application does not guarantee immediate registration. The review process can take up to several weeks or months.
  • Consulting with a trademark attorney is recommended for guidance throughout the process, especially for complex situations or potential legal concerns.
  • Remember, a registered Utah State Trademark only protects your brand within Utah. For broader national protection, consider filing a federally-registered Trademark with the USPTO.

By following these steps and seeking professional advice if needed, you can successfully file for a Utah State TM and safeguard your brand within the state.

Barnard N. Madsen is a seasoned lawyer with over 35 years of experience, and a founder partner of Fillmore Spencer LLC. His practice focuses on intellectual property, particularly trademarks, employment law, commercial litigation, and appeals. Barney’s clients have consistently praised him for his thoroughness, quickness, and knowledge.  He has been named to Utah’s Legal Elite and is highly recommended on Alignable.

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