Register a Trademark

Welcome to the Montana Business Trademark Tool

Montana Secretary of State Corey Stapleton wants your business to succeed. This interactive tool will guide you through the process of registering your Trademark or Service Mark with the Montana Secretary of State’s Office.

Use the arrows on the sides or the green bullets below to navigate
through this tool. You may also use the links below to skip ahead.


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Trademark vs. Service Mark

Trademark: any word, name, symbol, device used by a person to identify and distinguish the goods of that person, including a unique product from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

Service Mark: a mark used to identify a service rather than a product. A Service Mark differs from a Trademark in that the mark is used for the advertising of services rather than on the packaging or delivery of the service.

Duration of Mark: the duration of a Trademark or Service Mark is 5 years from the date of registration. Renewal forms are mailed to applicants within 120 days of the expiration date.

A business name is not generally eligible for registration as a Mark, except when the name is used for advertising or placed on goods. We recommend you consult an attorney to determine if that is the best course of action.

Specimen of Mark

State law requires 3 specimens, which may consist of samples or photocopies representing how the Mark is being used in conjunction with the goods or service.


For example:

Envelope
Letterhead
Business Card

*The 3 specimens may be identical if you only have one means in which the Mark is being used.

Protected in Montana Only

A Mark filed with our office is effective only in the State of Montana and does not protect your Mark that was federally filed or copyrighted.


A Mark (when registered) with our office must be in use within the state. Prior to registering your Mark with our office we recommend you check with the United States Patent and Trademark Office to determine if another entity has registered a similar Mark.

Trademark Formats

There are two formats you may use when registering your Mark:

  • words only format: The words only format is used when registering words, letters, numbers or a combination without claim to any font, size or color and is absent of any design element. Your 3 specimens for this type of Trademark registration must NOT include a design.

    Examples: OneWord, A Group of Words

  • stylized design format: The "stylized or design format" is a Mark with a design and/or words and/or letters having a particular stylized appearance that you are wanting to protect. Your 3 specimens for this Mark must reflect your specific design.

    Examples:

Search Name of Mark

Trademark Symbol - ®

A Trademark symbol ® may only be used if you registered your Mark federally.


It may only be used on or in connection with the goods or services listed in the federal trademark registration, and you must discontinue use if your registration expires.


Visit the United States Patent and Trademark Office for more information.

Fill Out the Form

You will use the same form to register a Trademark or Service Mark.

In Item #1 on the form, it is important to list the "name of the Mark" or the "words of the Mark" first. This information should be followed by a detailed description of the Mark.

For Example:
With a grey square around the letter "E" and a black and green square to the left of the letter.

Item #6 must list the exact, full and true name of the entity (and its business address) as it is registered with this office, or the office in which the entity is registered (no abbreviations allowed).

Print and fill out the Registration of Mark form and the List of General Classes of Goods and Services.

You may renew your trademark if you are active and within 90 days of expiring.

Mail Form(s) and Fees

Mail your completed form to our office with the appropriate
fee (fees can be found on the upper right part of each form).

Make payment to: Montana Secretary of State
and mail to:

Secretary of State
PO Box 202801
Helena, MT 59620

If you wish to use priority/over-night mail (Fed Ex, UPS, USPS Priority, etc.) use our physical mailing address of:

Secretary of State
1301 East 6th Ave Room 260
Helena MT 59620

To Federally Register a Patent, Trademark or Copyright

You can click the links below for the websites, or feel free to call:

Patent Depository Patent and Trademark Depository Library 800-786-9199
(toll-free)
Patents, National Trademarks U.S. Patent and Trademark Office 800-786-9199
(toll-free)
Copyrights U.S. Copyright Office 703-305-8600

We wish you the best in your business endeavors!

We wish you success on your business endeavor and encourage
you to take full advantage of the tools and resources available on
our website.

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If you have any questions, or wish to leave feedback, please feel free to email us at: sosbusiness@mt.gov.