How to Register a Trademark in North Dakota


A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. A trademark may be registered with the USPTO if it is used in interstate commerce. Trademarks can be federally registered by filing an application with the U.S. Patent and Trademark Office (USPTO). Once you have established that your trademark is being used in interstate commerce, you can proceed with filing your application for federal registration. This article will give you a complete idea on how to register your trademark in North Dakota.

Prepare your Trademark

To get started, you’ll need to make sure that your trademark is not already registered by another party and that it has not been used by someone else. To do this, visit the United States Patent and Trademark Office (USPTO) website for more information about how to prepare a trademark for registration.

Choose an Attorney

Choosing an attorney is a very important step in the trademark registration process. You should choose an attorney who is experienced in trademark registration and has a good reputation. You should also look for an attorney who lives in your area.

Once you’ve chosen an attorney, call the office and ask about their fees. Make sure they have experience with registering trademarks or they might charge you more than necessary.

Ask them how long they’ve been practicing law, what type of clients they typically represent, and what their experience has been with filing trademarks over time (and keep in mind that there are many different types of designations).

File an Application with the USPTO

The next step is to file an application with the USPTO. You can do this yourself or hire a registered trademark attorney to help you. If you are doing it yourself, you will need to pay a filing fee of $225 per mark, which covers up to five product or service categories. In addition, if your mark has more than one class (for example, clothing and shoes), they will both be considered in this fee and each class must be paid separately.

You should also submit your documents including a few copies of your logo along with any other information relevant to registering it as a trademark such as product descriptions or marketing materials that would demonstrate use (what we call “evidence of use”).

File an Intent to Use Application.

You’ll need to file an intent-to-use application. This is a good way to test the trademark market. It also allows you to reserve your mark for 2 years. This gives you time to decide whether or not you want to go through with registering the trademark. If by some chance someone else tries to register the same mark as yours during this period of time, they can be flagged and prevented from doing so.


Registering a trademark in North Dakota is a complex process that can take several months to complete. If you are considering registering your trademark, it is important to get help from an attorney.

An attorney can assist you with:

  • Preparing and filing your application
  • Searching for conflicting trademarks that may be registered or pending registration
  • Assisting you in selecting a strong mark that will be distinctive and not subject to cancellation on grounds of descriptiveness or lack of distinctiveness


Hopefully, this article has helped you understand the registration process for trademarks. If you have any questions about registering your trademark, contact our team. We’re here to help and can walk you through every step of the process!

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