How to Register a Trademark in Arkansas

Introduction

To register a trademark in Arkansas, you must file an application with the Secretary of State. This process involves several steps, including searching for similar marks and checking if your mark is eligible for registration.

Prerequisites

Before you can register a trademark in Arkansas, you must be the owner of the trademark and use it in commerce.

If you are not the owner of a mark that has been used continuously for five years, then you may have to obtain consent from an existing owner (also known as a “co-owner”) before filing your application with the Arkansas Secretary of State.

Step 1: Search Your State Trademarks

The first step to registering a trademark is to search the state, federal, and USPTO databases to make sure you’re not infringing on an existing mark. To begin, search the Secretary of State website for trademarks already registered in Arkansas. You can also search the Arkansas Trademarks and Service Marks database to see if there are any similar marks being used in your industry.

Step 2: Search Federal Trademarks

You should also search federal trademarks to see if the mark is already registered. The USPTO maintains a database of all registered and pending marks, as well as any marks that have been canceled or rejected. To search this database, visit the USPTO website and use their trademark database tool.

Step 3: File Online or by Mail in Arkansas

You will have to file your application online or by mail. You will need to provide the following information:

• Your name, address, and phone number
• The names of your authorized representatives (if applicable)
• Your Social Security Number/Taxpayer ID Number(s) (SSN/TINs). If you do not know your SSN/TIN, you may submit an application without this information; however, the Office of the Secretary of State will be unable to process it until such time as you submit it.

Step 4: Receive Notice of Acceptance and Make Payment

You will receive a notice of acceptance in the mail within 3–4 months after you submit your application. The certificate of registration is valid for 10 years, during which you can use it to register your trademark nationwide. After your registration expires, you can renew it one more time. The renewal fee is $100 and should be paid within six months before the expiration date.

Information Required to File

The information required to file is simple. You will need:

• Name of the business.

Your business name should be spelled exactly as it appears on your Articles of Incorporation and/or your federal tax return. If there are multiple owners, you must submit a signed authorization by each owner for each owner’s email address and phone number, which are listed on Company’s website or other company documents (e.g., letterhead, brochures).

• Business address (if any).

In Arkansas, a trademark applicant may file at either their principal place of business or their residence if they do not have a principal place of business. However, the U.S Patent & Trademark Office recommends that applicants maintain control over their trademarks by filing with an attorney at one of these locations:

Conclusion

The state of Arkansas offers a trademark registration program with the Arkansas Secretary of State’s Office. Trademark registration is an important step in protecting your brand name and logo, as it makes it easier to protect your business from infringement or misuse by others. When you register a trademark in Arkansas, you will receive a certificate of registration that can be used as proof that you own the rights to the use of that mark in commerce.