If you own a small business, shop, restaurant, or startup in North Carolina, learning how to trademark a business name in NC is a smart and simple way to protect your brand from copycats.
To trademark a business name in NC in 2026, follow these 5 easy steps:
- Search to make sure your name is available.
- Prove you are already using the name in North Carolina business.
- Prepare three original specimens.
- Fill out the official form and pay the $75 fee.
- Wait for approval and maintain your registration.
North Carolina trademark registration costs only $75 per class and usually gets approved in 4–6 weeks. It gives you strong protection inside North Carolina only.
This simple guide explains the full how to trademark a business name in NC process so you can protect your brand quickly and safely.
Why Should You Trademark Your Business Name in NC?
Registering a trademark in NC (North Carolina) gives you official proof that you own the name in the state. It helps you stop others from using similar names and makes it easier to take action in North Carolina courts.
Without registration, you only have weak common-law rights based on use alone. NC trademark registration is especially useful for local businesses that serve customers mainly inside the state.
One important thing to know: If your business sells online or ships to other states, you might also want federal protection later. I’ll explain the difference below.
Step 1: Search for Your Business Name Availability in NC
Before you do anything else, check if someone else is already using your name.
- Search the free North Carolina Secretary of State trademark database.
- Also search the USPTO federal database.
- Look on Google, social media, and other business name lists.
A good search is very important when you want to trademark a business name in NC. It helps you avoid future problems and rejection.
Step 2: Prove You Are Already Using the Name in North Carolina
North Carolina requires actual use in the state before you can register. You must show that you are really using the business name for your goods or services in NC.
Examples include selling products in NC stores, running local ads, or offering services to North Carolina customers.
Step 3: Prepare Three Original Specimens
You need to submit three original, current specimens (no more than 6 months old). These are real examples that show exactly how you use your business name in North Carolina.
Good examples:
- Product labels or packaging
- Website printouts or screenshots
- Store signs, flyers, menus, or brochures
The specimens must match what you describe in your application. Copies or drawings usually do not work.
Step 4: Fill Out the Official Form and Pay the Fee
Download the official Form TM-01 – Application for Registration or Renewal of Trademark or Service Mark from the North Carolina Secretary of State website.
What you need to include:
- Your full legal name and address
- Clear description of your business name or logo
- Description of your goods or services
- Three original specimens
- Notarized signature (follow the form instructions)
Filing fee: $75 per class (non-refundable). Pay by check or as per current instructions and mail everything to the Secretary of State.
Step 5: Wait for Approval and Maintain Your Registration
The North Carolina Secretary of State will review your application. If everything is correct and there are no conflicts, you usually get approval in 4–6 weeks.
After you receive your registration:
- It lasts for 10 years.
- Between the 5th and 6th year, file an Affidavit of Use with a new specimen (no extra fee in most cases).
- Renew every 10 years for a $35 fee.
2026 Trademark Costs at a Glance
Filing Type | Fee | Notes |
NC State Trademark | $75/class | Non-refundable; mailed application |
USPTO Base Fee | $350/class | Online via TEAS |
USPTO Custom Description Surcharge | +$200/class | Avoid by using USPTO ID Manual |
USPTO Insufficient Info Surcharge | +$100/class | Avoid by completing all fields |
USPTO Statement of Use | $150/class | For intent-to-use filers |
USPTO Section 8 Maintenance (Year 6) | $325/class | Required to keep registration |
USPTO Section 9 Renewal (Year 10) | $350/class | Every 10 years |
Trademark Attorney (optional) | $500–$2,000+ | Recommended for complex cases |
Comparison Table: NC State vs. USPTO Federal Trademark (2026)
Feature | NC State Trademark | Federal USPTO Trademark |
Where It Protects You | Only inside North Carolina | All 50 states across the USA |
How Much It Costs | $75 per class | $350 per class |
How Fast You Get It | 4–6 weeks | 12–18 months |
Do You Need to Already Use It? | Yes | No (you can file with future plans) |
Best For | Local NC businesses | Businesses that sell nationwide |
Choose NC state if you operate only within North Carolina and have no plans to sell online or expand. Choose federal USPTO if you sell online, ship to other states, or plan to grow. Many businesses file both.
Common Mistakes to Avoid
1. Thinking your LLC or DBA is a trademark.
It is not. Business registration and trademark registration are completely separate. You must file a trademark application to get brand protection.
2. Skipping the trademark search.
A conflicting mark means rejection — and your filing fee is gone. Always search first.
3. Filing the wrong class.
Trademarks are tied to specific classes of goods or services. Filing in the wrong class means your mark does not protect your actual business.
4. Not filing federally if you sell online.
Selling anything online means you are operating across state lines. A state-only trademark will not protect you nationally.
5. Missing maintenance deadlines.
The USPTO requires a Section 8 filing between years 5 and 6. Missing it cancels your registration permanently.
Frequently Asked Questions (FAQs)
For an NC state trademark, no — you must already be using the name in commerce. For a USPTO trademark, yes — you can file an intent-to-use application to reserve your name before launch.
A business name registration records your entity name with the state. A trademark gives you the exclusive legal right to use that name as a brand and allows you to take action against anyone who copies it.
Ten years from the date of registration. You must renew before it expires to keep your protection.
It depends on who used the name first. Prior use gives you senior rights in NC even if someone later registers federally. But federal rights are generally stronger — so file early.
An NC state trademark costs $75 per class. A federal USPTO trademark starts at $350 per class. Surcharges may apply if your application is incomplete or uses custom descriptions.
Dr. Shahnaz Kaushar, PhD in Intellectual Property Rights
I’m a content writer and intellectual property rights specialist with over a decade of experience. I hold LL.B, LL.M, and a PhD in IPR, have taught IP law at the academic level, and have worked with a leading law firm in Dubai on brand protection and trademark matters. I use my legal background to create clear, easy‑to‑understand content that helps business owners protect their ideas.
