How to Register a Trademark in Alabama

Introduction

The state of Alabama offers an online trademark search. You can also file for a trademark by mail or in person.

Requirements

The first requirement for registering a trademark in Alabama is that you must use it in Alabama. If you simply want to register your mark with the U.S. Patent and Trademark Office (USPTO) but don’t intend to use it in any other states, that’s fine. If you plan on using it elsewhere, then make sure that whatever jurisdiction(s) you want to use it in are listed on your application form and otherwise meet federal requirements for registration under both state law and the Lanham Act.

Search for Similar Trademarks

You should check TESS to ensure that your mark is not already registered. TESS is a database of trademarks from around the world and it’s available online. It also offers a free service to search for conflicting marks, which is especially helpful when you’re dealing with trademarks that are geographically focused (such as those in Alabama). For example, if your company was registered as “Alabama Business Consulting” in Mississippi and wanted to register “Alabama Business Consulting” on its website, it could check TESS to see if there were any conflicting marks first before proceeding with registration.

A second requirement for filing a trademark registration with the USPTO is that your mark is “enforceable.” This means:

• There can be no pending opposition or cancellation proceedings against the mark;
• The owner of the record has not abandoned or relinquished its rights under state law or common law; and
• The owner of the record cannot be shown by clear and convincing evidence to lack any right or authority necessary to file a valid claim of ownership by virtue of statute or common law.

File with the state of Alabama

If you want to protect your trademark in Alabama, you must file with the state of Alabama. You can do this online or by mail, fax, or phone. The fee for a state filing is $50 and will be credited towards any federal fees if you decide to file for federal protection later on.

You can register a trademark for use in another state. If you want to register a trademark for use in Alabama, but you don’t currently have plans to use the mark there and you aren’t sure whether or not you’ll ever sell goods or services in Alabama, consider applying for an intent-to-use (ITU) registration instead of an actual use (AU) registration. This will keep your application from being rejected. Then, when it’s time to start using your mark on products and packaging, simply amend your ITU application with an AU declaration.

Use your Filed Mark

• You must use the name you file under in Alabama to market your goods and services. If you don’t, you could lose your rights to that name.
• You can change your name later on. Just be sure that the new name is not confusingly similar to another registered mark or famous mark (such as Oprah).
• However, if you change your business name, you can file under a different one at the same time—just make sure it’s not too similar!

Takeaway

Registering a trademark in Alabama takes a simple, straightforward process. Once you’ve determined that you need to register your mark and have chosen the appropriate formality level, making it official is as easy as filling out the relevant information and paying the required fees.

• How long does it take?

The time between when you submit the application and when it is accepted varies based on how busy they are at that moment. If you want to be sure your application gets processed quickly, it may make sense to do things like submitting hard copies rather than electronically or paying for expedited service with FedEx (which can cost about $100). This will ensure that no one else has registered a similar trademark during this time period and allow them to process your application without delay.

• What costs are involved?

There are three fees associated with registering trademarks: an application fee ($175), maintenance fees ($100 per year), and publication fees ($400). The first two are required every year after initial registration; publication occurs only once for each trademark.

Conclusion

If you’re looking to register a trademark in Alabama, this article has everything you need to know. From the requirements for registration and what constitutes an eligible mark, to filing information and helpful tips around the application process, we covered all of it here. If you have any questions or concerns about your potential mark, reach out today!