Trademarks and Service Marks
State Registration
A trademark is any word, name, symbol, graphic image or combination of words and graphic images that your business has formally adopted and uses to identify its products and distinguish them from the products of its competitors.
A service mark identifies your business’s services and distinguishes them from the services offered by competitors.
Registering a trademark or service mark serves as public notice that you are claiming ownership of the mark. This may prevent a competitor from infringing upon or using the same mark. Both trademarks and service marks must already be in use in North Carolina before they can be registered in North Carolina. Simply advertising that your business activity, products or services will be available in North Carolina does not establish that trademarks or service marks are currently in use in the state.
While registering trademarks and service marks is voluntary, the NC Department of the Secretary of State strongly recommends that you protect your marks by registering them. For more information, please contact:
North Carolina Secretary of State
Trademarks Division
(919) 807-2162
Federal Registration
You can register trademarks and service marks at the federal level as well as at the state level.
While federal registration will protect your mark throughout the United States, it often involves a lengthy and time-consuming process. Many businesses choose to seek state registration in order to protect their marks while federal registration is pending.
State and federal mark registrations are unrelated; state and federal agencies involved do not cross-check state and federal records against each other as part of the registration process. Federally registered marks may conflict with and supersede state registered business names and product names, thus you are encouraged to check for conflicts with federal marks. Know that requirements for state and federal mark registration are not the same. Acquiring a federal mark registration does not mean that your mark will be accepted at the state level.
For information on federal trademark and service mark registration, contact:
The Trademark Assistance Center
2900 Crystal Drive
Room 4B10
Arlington, VA 22202-3513
Toll-free: (800) 786-9199
(703) 308-9000 or (703) 308-4357
Additional information and applicable forms are also available on the website for the US Patent and Trademark Office
Patent and Copyright Protection
Filing an Application for Patent
New and useful inventions may be protected by a U.S. patent. Patent procedures are detailed and technical, and patent law is highly specialized. Therefore, it is strongly recommended that you seek the assistance of a patent attorney should you desire to file for patent protection. You may obtain further general information from the Inventors Assistance Center or by calling (800) 786-9199 or (703) 308-4357.
Copyright Protection
A copyright allows you to prevent others from illegally copying your thoughts and ideas contained in written works, works of art or computer programs. A notice of copyright should be on all copies of your work as a measure of protection against illegal copying.
Further information may be obtained from:
The U.S. Copyright Office
101 Independence Ave. SE
Washington, D.C. 20559
Information Line: (202) 707-3000