How to Register a Trademark in Montana


Trademark registration is a great way to protect your brand. You should register your trademark in Montana to prevent someone else from using or registering a similar or identical trademark. It will also allow you to use the federal trademark symbol (™) when referring to your registered mark. Registering your trademarks with the state and federal governments will also give you the ability to sue someone who infringes on your rights as a trademark owner.

Register a Trademark in Montana

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others.

In general, you need to register your trademark with the U.S. Patent and Trademark Office (USPTO). You can also use other methods to establish rights in a mark under common law. If you don’t register your mark with the USPTO, you may not be able to recover damages for infringement if someone else uses your name without permission.

Once registered, federal registration gives you nationwide priority over later users in all geographic areas within which your federally registered trademark has been used in commerce prior to any conflicting use by another party anywhere in such geographic areas (which means that this priority applies even if there’s no conflict between yours and theirs right now). And once federal registration is granted on an application (except provisional applications), applicants receive notice of it directly from their assigned examining attorney at USPTO who handles their case file throughout the prosecution process until the final approval letter arrives approximately 9 months after you initially register your trademark in Montana.

Register for Federal Trademark Protection

You should also file for federal trademark protection. This will give you nationwide protection from unauthorized uses of your trademark. You can do this by filing an application with the USPTO.

Trademark Registration Requirements in Montana

  • Trademark Application Form
  • List of Goods or Services
  • Specimens/Exemplars of Use (if applicable)
  • Statement of Use (if applicable)
  • Amendment to Allege Use (if applicable)
  • Intent to Use Statement (if applicable)

Types of Intellectual Property

Montana recognizes three types of intellectual property: patents, copyrights, and trademarks.

Trademarks are used to protect words, names, symbols, and designs used in business. For example, IBM is a trademark used by the computer manufacturer International Business Machines Corporation. It’s also common for businesses to register their logos as trademarks.

Copyrights protect artistic or literary works such as novels and songs; they do not protect ideas or processes. You can have copyrighted material without owning the copyright itself (for example, you may have written an article but not own the copyright).

Patents apply specifically to inventions—not physical things like buildings or cars but rather unique processes that can be replicated in nature (like manufacturing methods).

Maintain Your Trademark

We recommend that you maintain your trademarked goods or services in Montana. A trademark is valid only if it is used in commerce, and there must be continuous use of the mark throughout the lifespan of the registration.

If you want to sell your goods or services in Montana, then you should make sure to maintain your trademark registration by doing one or more of the following:

  • Maintain your trademark(s).
  • Maintain your trademark record(s).
  • Maintain your trademark application(s).
  • Maintain your search report(s).

Use your Trademark on your Goods or Services

You can’t just file for a trademark and then forget about it, hoping that someone else won’t take your mark. Instead, you must use your trademark on the goods and services you offer in order to maintain its validity. This means that if you’re selling books with your company name on them, you have to really sell those books—not just put them out there and hope someone buys them. You should also be prepared to defend against other parties who might try claiming rights over your mark by showing how regularly they’ve been used (or not).

If possible, use a registered symbol such as TM or ™ after each instance of your trademarked brand name in printed materials and public advertisements. This will help people recognize when something is protected by a trademark instead of being an open game for anyone who wants it without regard for others’ rights.


Registering a trademark is a necessary step in protecting your intellectual property. A trademark can be any name, word, or symbol that identifies and distinguishes you from competitors.

Registering your trademark with the U.S. Patent and Trademark Office (USPTO) protects you against someone else using the same name for their goods or services in Montana and helps ensure that others don’t use your mark to sell deceptive goods or services to consumers.

To register a trademark in Montana, you’ll need to provide information about:

  • The type of good or service associated with the mark;
  • The name and address where customers will find it;
  • How much money has been spent advertising the product so far;
  • Whether there’s proof of sales for this particular product line (such as an invoice).


It is important to note that there are many different types of intellectual property and you should be aware of which type you need protection for. A trademark is just one type of intellectual property and it can be registered with the USPTO or in Montana.

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