Indiana Trademark Registration

1Registering a trademark in Indiana helps protect your brand name, logo, or slogan within the state. While it does not replace a federal USPTO registration, an Indiana state registration provides local legal backing, public notice of ownership, and cost-effective protection for small and midsize businesses.

This guide explains how to register a trademark or service mark with the Indiana Secretary of State — Business Services Division, based on the state trademark statute and common practice. It covers filing requirements, fees, specimen rules, and how state protection compares with federal registration.

Key Facts

• Authority: Indiana Secretary of State — Business Services Division.
• Application form: Application for Registration of Trademark or Service Mark (official state form).
• Filing method: By mail or in person.
• Filing fee: USD $25 per class (non-refundable).
• Specimens: Three specimens showing actual use of the mark in Indiana.
• Use requirement: The mark must already be in active use in Indiana when you file.
• Term: 5 years from registration, renewable for additional 5-year periods.
• Scope: Protection limited to the State of Indiana.
• Federal USPTO option: For nationwide protection, federal trademark application fees typically range from USD $350–$550 per class, depending on the filing option and possible surcharges.

If you already sell across state lines or operate primarily online, consider combining an Indiana state registration with a federal registration. You can learn more here: U.S. trademark registration with Bonamark.

What is an Indiana state trademark?

An Indiana state trademark (or service mark) is a word, name, symbol, logo or combination registered with the Indiana Secretary of State for use with specific goods or services in the state. Registration:

• creates a public record that you claim rights in the mark for identified goods or services,
• provides constructive notice of your ownership within Indiana,
• strengthens your position in cease-and-desist letters and state-level enforcement actions.

However, a state registration does not automatically protect you in other states. For broader protection, you usually need a separate federal registration with the United States Patent and Trademark Office (USPTO).

Trademark types available in Indiana

Indiana generally follows the same categories of marks recognized in other U.S. jurisdictions:

• Word marks: protect the wording itself (for example, a brand name or slogan in standard characters).
• Design marks (logos): protect a specific stylized logo, design, or symbol.
• Combined marks: protect the combination of text + design as they appear together.
• Trademarks vs. service marks: trademarks are used for goods, while service marks identify services.

Note: If you consistently use your name and logo together, Indiana will typically treat that as a single combined mark, not two separate registrations.

Step 1: Search for conflicting trademarks in Indiana

Before you file, search carefully to reduce the risk of conflicts and refusals. Many problems arise because the applicant looked only for identical marks and ignored similar ones.

Where to search

• Indiana state trademark records: check for existing registrations with similar names or logos for related goods or services.
• USPTO TESS database: look for federal registrations and pending applications that may conflict with your mark.
• Domains and social media: search for matching or confusingly similar domain names and usernames.
• Search engines: check for unregistered use (common-law rights) by other businesses using similar branding.

Tip: look for similar spellings, phonetic equivalents, abbreviations, reversed word order and translations, not just exact matches.

Step 2: Confirm that your mark is in use in Indiana

Indiana is a use-based state. You cannot file an Indiana state application based on future plans. The mark must already be in actual use in Indiana commerce when you file.

• For goods: the mark should appear on the goods themselves, on labels, packaging, tags or point-of-sale displays for products sold or distributed in Indiana.
• For services: the mark should appear in advertising, brochures, signage, websites, social media pages or other materials that promote services actually rendered in Indiana.

You will need to provide both the date of first use anywhere and the date of first use in Indiana. These dates appear on your registration and should be accurate.

Step 3: Prepare your Indiana trademark application

The Indiana Application for Registration of Trademark or Service Mark will typically ask for:

• Owner information: name and address of the individual or business entity; if an entity, the type (corporation, LLC, partnership) and jurisdiction of formation.
• Description of the mark: for a word mark, the exact wording; for a design or logo, a clear description of the design and any wording included.
• Type of mark: trademark (for goods) or service mark (for services).
• Goods/services description: a concise but clear description of the goods or services offered under the mark in Indiana.
• Class of goods/services: based on the standard international classes.
• First-use dates: first use anywhere and first use in Indiana.
• Specimens: three specimens showing actual use of the mark in Indiana commerce.
• Statement and declaration: that you own the mark, it is in use, and to your knowledge, no one else has the right to use a confusingly similar mark in Indiana.

Step 4: Provide acceptable specimens of use

Indiana requires three (3) specimens showing how the mark is actually used in commerce. A specimen should reflect what customers see in real life, not just a design mock-up.

Acceptable specimens

• product labels, tags or packaging bearing the mark,
• photographs of the mark on products, displays or store signage,
• printed advertising materials such as brochures, flyers, menus or magazine ads,
• screenshots of a website or online store where the mark appears with the goods or services and a way to order or contact you,
• vehicle graphics, uniforms or shop fronts displaying the mark (for service marks).

Specimens to avoid

• purely internal documents,
• blank letterhead, generic business cards or envelopes with only a company name,
• mockups or designs that have not been used publicly,
• documents where the mark appears only as a business name and not as a brand identifier for goods or services.

Important: the mark on your specimens must match the mark in the application. Material differences in spelling, layout or design can delay or jeopardize your registration.

Step 5: File your application with the Indiana Secretary of State

When the application and specimens are ready, you can file with the Business Services Division.

1. Review the application: check that all required fields are complete and accurate.
2. Attach three specimens: include clear and legible copies of each specimen.
3. Prepare the filing fee: pay the USD $25 per class fee as instructed on the form (non-refundable).
4. Submit the application: file by mail or in person at the address indicated by the Indiana Secretary of State.

Processing time may vary depending on the workload. The Secretary of State will review your application for completeness, registrability and potential conflicts with existing marks. If corrections are needed, the office will contact you with instructions.

Step 6: After filing — examination and outcome

After you file, the Indiana Secretary of State will examine your application. The examiner may:

• approve the application and issue a Certificate of Registration,
• request clarifications, amendments or better specimens,
• refuse registration if the mark is not registrable or conflicts with an existing mark.

If approved, the certificate will identify:

• the registered mark,
• the owner and address,
• the class and description of goods or services,
• first-use dates,
• the registration date and expiration date.

Step 7: Renewal and maintenance (5-year term)

An Indiana state trademark registration is generally valid for 5 years from the date of registration. To maintain protection, you must renew on time and keep using the mark in commerce.

Renewal requirements

• file a renewal application within the timeframe specified by Indiana law (typically in the period before expiration),
• confirm that the mark is still in use in Indiana,
• submit at least one current specimen showing continued use,
• pay the applicable renewal fee.

If you fail to renew on time, your registration will lapse, and you may need to file a new application. You could also lose priority if another party adopts a similar mark in the meantime.

Common filing mistakes in Indiana

Some of the most frequent issues with Indiana trademark applications include:

• choosing a generic or overly descriptive term that cannot function as a trademark,
• treating a business name registration or trade name as if it were a trademark registration,
• submitting inadequate specimens (for example, plain business cards or unused mockups),
• describing goods or services too broadly or vaguely,
• providing incorrect or inconsistent first-use dates,
• failing to search for similar state and federal marks before filing,
• using different versions of the mark across specimens and marketing materials.

Trademarking a business name in Indiana

A corporate or LLC name, trade name or DBA is not automatically a trademark. To obtain trademark protection for a business name in Indiana:

• the name must function as a brand identifier on goods or services, not just as a company identifier,
• it must be distinctive enough to distinguish your offerings from those of others,
• you must provide specimens showing the name used in a trademark or service-mark manner (for example, on product packaging, branding, or advertising).

Generic or purely descriptive names (such as “Indiana Plumbing Services” for plumbing services) are harder to register and may be refused as trademarks.

Indiana state trademark vs federal USPTO registration

Feature	Indiana State Trademark	Federal (USPTO) Trademark
Scope of protection	Within the State of Indiana only	Nationwide across all U.S. states and territories
Authority	Indiana Secretary of State — Business Services Division	United States Patent and Trademark Office (USPTO)
Filing fee	Approx. USD $25 per class	Approx. USD $350–$550 per class (TEAS Plus / TEAS Standard), plus possible surcharges
Registration term	5 years, renewable for additional 5-year periods	10 years, with mandatory maintenance filings at years 5–6 and each renewal
Use requirement	Actual use in Indiana required before filing	Use in commerce required before registration; some applications may begin based on intent to use
Best suited for	Businesses focused mainly on Indiana markets	Brands selling or planning to sell in multiple states or nationwide online

If your brand already operates across state lines or you plan to expand, consider combining an Indiana filing with a federal U.S. trademark registration for stronger, broader protection.

Need help with your Indiana trademark?

Filing correctly the first time saves time and money. If you are unsure how to describe your goods and services, classify your mark or prepare proper specimens, professional assistance can help you avoid common pitfalls.

Contact Bonamark to ensure your trademark is filed correctly. Our consultants can guide you through the process in Indiana and at the federal level.

Frequently Asked Questions

Do I have to register my trademark in Indiana to have rights?

No. You gain some common-law rights simply by using a mark in Indiana commerce. However, state registration creates a clear public record of ownership, strengthens your position in disputes and generally makes enforcement easier.

How many specimens are required for an Indiana trademark application?

Indiana typically requires three specimens showing current, actual use of the mark in commerce. These should be real examples of how customers see your mark.

How long does an Indiana state trademark registration last?

An Indiana state trademark registration is generally valid for 5 years from the date of registration. You can renew for additional 5-year terms as long as the mark remains in use and you file your renewal on time.

Can I apply in Indiana if I am not yet using the mark?

No. Indiana requires actual use in commerce before you file a state trademark application. If you are not yet using the mark, you may need to wait until use begins or consider federal options that allow intent-to-use filings.

When should I consider a federal USPTO registration instead of only a state registration?

You should consider a federal registration if you sell or plan to sell in multiple states, operate an online business with a national customer base, intend to license or franchise your brand or need stronger tools to combat infringement beyond Indiana.