STATE OF ALABAMA
INSTRUCTIONS FOR APPLICATION TO REGISTER/RENEW
TRADEMARK, SERVICE MARK, OR TRADE NAME IN ALABAMA
Trademark, service mark, and trade name (hereinafter referred to as “marks”) registrations are administered at the state level in the
Office of the Secretary of State. Any word, symbol,
logo, slogan or combination thereof adopted and used by the applicant to
identify services rendered is a Service Mark. Any word, symbol, logo, slogan or any combination thereof adopted and used by the
applicant to identify goods made or sold is a Trademark. A word, symbol, logo, slogan or combination thereof adopted and used by
the applicant to identify the business, vocation, occupation, or profession is a Trade Name.
Registration of marks is a complex matter. Because of the complexity of the laws pertaining to registration of marks, this office
recommends that applicants seek the advice of (a) specifically trained and/or licensed professional(s) prior to submitting the
application. It is the applicant’s personal responsibility to ensure the mark does not infringe on any other individual/business
mark. It is also the responsibility of the applicant to ensure the mark is not being used in a fraudulent manner. Rejection/denial of the
application by this office does not prevent use of the mark. Rights of ownership of a particular mark are
achieved through the
common laws of adoption and usage, not registration. The effective term for mark registrations is five years. A mark may
be renewed for successive periods of five years six months prior to the expiration date if the mark is still in use in the state.
Before submitting the Application for Registration or Renewal, review the items below to ensure the application has
been completed. Failure to do so may result in rejection/denial of the application.
1. Complete ALL applicable items on the application to register or renew trademark, service mark and trade name.
Please Note: Questions 3, 9 and 10 may not apply to all applications for registration. If “partnership” is selected for Question 2, please list
the names and addresses of ALL partners for Question 3. If applicant has received permission to use the mark being registered,
applicant must submit a notarized written consent and disclaimer from the owner of the mark for Questions 9 and 10. The written consent
and disclaimer must be submitted with the application. If renewal applicant is different from original applicant as a result of the lawful transfer
of the mark, a statement of assignment must be filed in this office prior to renewal. If applicant is different due to legal name change, please
attach notarized evidence of such filing.
2. Select one classification number using the attached Schedules of Classifications to complete Question 7.
Please Note: When an application includes goods or services which fall within multiple classes, the Office of the Secretary of State requires
an additional application for registration and an additional registration fee for each class.
3. Submit three (3) specimens for registration, or one (1) specimen for renewal, and a thirty dollar ($30.00) filing fee at the time of filing.
4. If a Federal Registration has been granted for the mark, include a copy with the application for registration.
Specimens are an important part of the registration process. Specimens are samples which perform the function of verifying usage
of a mark. Clear copies of specimens are generally accepted. Before submitting the application for registration, inspect all
specimens for clarity. Altered or defaced specimens will not be accepted. Illegible specimens are also unacceptable. All specimens
submitted must be clear and clean. Three specimens displaying the mark in use must be submitted with the application to register a
mark. One specimen must be submitted with application for a mark registration renewal. Some acceptable mark specimens
are business cards, brochures, flyers, labels, decals, tags, and newspaper advertisements. Specimens may be originals or legible
If you have questions, please contact:
Office of Secretary of State
11 South Union Street, Suite 224
Montgomery, Alabama 36130