Washington trademark registration is one way to protect a brand used within the state. Managed by the Washington Secretary of State, the registration creates a state record of the registrant’s claim and can provide important rights and remedies under Washington trademark law.
Under RCW 19.77, Washington’s trademark law sets out the definitions, application procedures, and enforcement mechanisms for trademarks within the state.
Whether you’re launching a startup or expanding an established business, state registration safeguards your identity and helps prevent competitors from copying your brand.
Understanding Washington State trademark law
To understand how these protections work in practice, it helps to look at the law that governs them.
RCW 19.77, known as Washington’s trademark registration statute:
- defines what qualifies as a trademark,
- outlines the Washington State trademark application,
- setsthe duration of the registration and renewal terms,
- explains enforcement options.
Based on the Model State Trademark Bill (MSTB), Washington State’s trademark law aligns with federal standards under the Lanham Act while still addressing state needs. This provides consistency, a modern definition of trademarks and service marks, and legal remedies within the state of Washington.
Registration creates a public record of the registrant’s claim of ownership in Washington and provides remedies under Washington trademark law. However, state registration does not provide the nationwide benefits associated with federal USPTO registration. For broader nationwide protection and the benefits of federal registration, you can apply for federal trademark registration through the USPTO.
What can be trademarked in Washington State
We can define trademarks as:
- word marks (words, names), such as “Microsoft” or “Costco”
- design marks (logos), which use shapes and colors to create instant recognition;
- combined trademarks, where the text and graphic are registered together. For example, the “Starbucks Coffee” is a great example of design and the whole brand identity protection at the same time;
- 3D marks, which may protect distinctive three-dimensional product shapes or packaging when they meet applicable trademark requirements.
When used for services, trademarks are called “service marks” – for instance, FedEx or American Airlines.
To be registrable in Washington, a mark must be distinctive, in use, and capable of identifying the source of goods or services.
Washington trademark law prohibits registration of certain marks, including deceptive marks and marks that are likely to cause confusion with existing trademarks or trade names. Other statutory restrictions also apply under RCW 19.77.020.
Washington state trademark search and database
Before filing a trademark in Washington, we recommend conducting a Washington State trademark lookup to see if your chosen mark is already registered.
The Washington Secretary of State provides an official trademark search tool for reviewing trademark records maintained by the state. The Washington Secretary of State trademark search tool allows you to perform your research by keyword, owner name, or registration number, and filter for active or inactive marks. Results display the mark, owner, and status.
Even if a mark isn’t in the database, common law rights may protect unregistered names already in use, and those owners could challenge your application. It’s also wise to check the Washington Corporations & Charities Filing System, as business names aren’t trademarks, but if used commercially, they can still create conflicts.
For more comprehensive coverage, consider hiring a trademark attorney or search service, as they can expand your search to USPTO records, domains, and social media. When reviewing results, focus on whether marks cover related goods or services and if consumer confusion is likely.
The Washington state trademark application process
Preparing your Washington state trademark application
A complete and accurate application helps you avoid delays and rejection. Washington requires proof that you actively use your mark in business, along with a specimen showing how it appears on goods or to brand your services.
When filing, you must provide key details, including a mark description, the class of goods or services, and the date of first use. Marks need to meet the representation standards:
- word marks should appear in plain text
- logos and designs should be clearly reproduced in the application and match the mark as actually used in commerce.
Correct applicant information is equally important. This includes your full legal name, the type of business entity, and its address. If a person is applying on behalf of your company, they must be authorized to do so.
By preparing these details in advance, you reduce errors and streamline the registration process.
Filing with Washington Secretary of State
Trademark applications in Washington must be submitted by post, as the online filing isn’t available. While you may find and complete the Trademark Registration forms as fillable .pdfs, you still need to save and print them.
To apply, send the completed form, required specimen(s), and payment to the Secretary of State’s office for review. The Secretary of State will review the submitted application and supporting materials.
Examination process
The Secretary of State reviews your application for completeness, proper specimens, and any potential conflict with the state registrations.
If the Secretary of State identifies problems with the application, additional information or corrections may be required before the registration can proceed.
You’ll receive official communication, usually by post or email, confirming receipt, providing status updates, or requesting required responses from the office.
Registration certificate
Once the application is approved, the Secretary of State issues a registration certificate. Under RCW 19.77.040, the certificate serves as prima facie evidence of the registration’s validity, ownership of the mark, and the registrant’s exclusive right to use the mark in Washington in connection with the goods or services specified in the certificate, subject to applicable conditions and limitations.
The ™ symbol may generally be used to identify a claimed trademark, and SM may be used for a service mark, regardless of state registration. The federal ® registration symbol should be used only after the mark has been federally registered with the USPTO.
Washington trademark registration costs
Registering a trademark in Washington is relatively affordable. State filing fees are $55 per classification, with renewals at $50 every five years. Optional expenses include attorney fees for professional guidance and search costs if you hire a service to check availability.
Federal USPTO applications have a base filing fee of $350 per class. Additional fees may apply depending on the application.
Timeline for Washington state trademark registration
The Washington Secretary of State states that routine trademark processing is typically 5 to 7 business days from receipt, while expedited processing is typically 1 to 2 business days. Expedited processing requires an additional fee. Check the current Secretary of State fee schedule before filing, as fees and service options may change.
Factors such as incomplete forms, objections, or specimen issues can prolong the review.
By comparison, federal trademark registration through the USPTO generally involves a substantially longer examination and registration process.
Maintaining your Washington state trademark
As mentioned before, Washington marks are valid for five years from the registration date. You may renew your registration up to six months before expiration for successive terms of five years.
To keep your trademark rights in Washington, you must continue using the brand in active commerce and maintain clear records (such as packaging, ads, invoices, or website screenshots) as proof if your rights are challenged.
If your address or ownership information changes, use the appropriate Secretary of State procedure to keep the record current. Address changes and trademark assignments currently carry separate $10 filing fees. Missing renewals or stopping use can lead to abandonment, loss of rights, and the need to reapply – leaving your mark open for others to claim
Washington vs. federal trademark registration
When deciding how to protect your brand, it’s essential to compare the differences between Washington state registration and federal USPTO registration.
Here is a short overview of the differences between the two types of registration:
| State vs. Federal Trademark Registration | ||
|---|---|---|
| Feature | State | Federal |
| Scope | State-level protection in Washington | Nationwide protection |
| Term | 5 years, renewable | 10 years, subject to required maintenance filings |
| Cost | $55 per class; renewal $50/5 years | Base USPTO filing fee $350 per class; additional fees may apply |
| Protection level | Limited to WA courts; no customs enforcement | Broader remedies, federal courts, U.S. Customs; Customs blocking imports |
When your business operates solely within Washington and you want affordable and quick protection, consider choosing state registration. However, if you plan to expand nationally, federal registration is a more suitable option.
You may also employ a combined strategy, utilizing state protection for immediate local rights and federal registration for long-term growth. Federal registration can provide important nationwide legal benefits, access to federal courts, and the ability to record an eligible registered trademark with U.S. Customs and Border Protection.
How to trademark a name in Washington state
To trademark a name in Washington, it must meet specific requirements:
- you should use the name in commerce and clearly identify your goods or services,
- it must be unique enough to distinguish your brand. Generic terms cannot function as trademarks for the relevant goods or services, while merely descriptive marks may face registration obstacles unless they have acquired distinctiveness,
- personal names may qualify if they have acquired recognition in the marketplace.
Remember, registering a business name with the state does not automatically provide trademark protection; you must file a separate trademark application to obtain protection.
Common mistakes to avoid
Many Washington trademark applications fail because of avoidable errors, the most common of them being:
- inadequate search – leading to conflicts with existing trademarks
- filing marks that are generic, merely descriptive, deceptive, or otherwise fail to meet Washington registration requirements
- incorrectly classifying goods or services or filing incomplete applications, without specimens or use dates
- missing renewal deadlines, resulting in abandonment of the trademark
- and last but not least, many confuse trade names or business registrations with trademarks
Careful preparation prevents costly delays and shortens your Washington trademark registration.
Washington state trademark database and lookup tools
The Washington Secretary of State provides a public trademark database where you can review registered and pending marks in the state.
Access it through the Corporations and Charities Filing System under “Trademark search”, using either the basic tool (by owner, number, text, or UBI) or the advanced option for detailed results.
Filters let you view active or inactive marks, with each record showing the mark, classification, owner, and status.
The second way to access the Washington state trademark database is to visit the official U.S. Patent and Trademark Office (USPTO) website, where you’ll find the links for each state’s trademark database.
When reviewing results, look beyond exact matches. Search variations of marks that are “confusingly similar” in appearance, sound, or meaning, and check whether marks cover related goods or services.
Keep in mind that even if a mark isn’t in the database, unregistered names may still have common law rights.
Final words
Securing your brand through state registration helps protect your identity and prevents costly disputes down the road. State registration can be useful for businesses focused on Washington, while federal registration provides broader nationwide protection. If you need federal trademark protection, BONAMARK can assist with trademark searches and federal trademark registration through the USPTO. Federal trademark registration services start from $650 for one class. Contact us today if you need assistance with a federal trademark search or federal trademark registration through the USPTO.
Frequently Asked Questions
How much does it cost to register a trademark in Washington state?
The cost for registering a mark in Washington state is $55/class.
How long does Washington state trademark registration take?
Routine processing requires 5 to 7 business days from the date the application is received. For expedited services, the term is 1 to 2 business days from the date the application is received.
Can I register a trademark in Washington without using it?
No. Generally, you can not register a trademark in Washington without using it for commercial purposes.
What's the difference between a trademark and a trade name in Washington?
A trade name is the business name and is registered with the state for identification and taxes purposes.
A trademark is a brand element - name, logo, device, or a combination of them - used to identify specific products and services.
Do I need a Washington address to register?
No. Washington trademark law requires the applicant’s name and business address, but it does not require the applicant to have a Washington address. The mark must, however, be in use in Washington to qualify for state registration.
Can I register the same mark in multiple classes?
Yes. The same mark may be registered for multiple classifications when it is used in connection with goods or services in those classifications. Washington charges filing fees based on the number of classifications selected.
How do I search the Washington secretary of state trademark database?
Check out the section Washington state trademark database and lookup tools from this blog post.
What happens if my trademark application is denied?
If the Washington Secretary of State identifies a problem with your application, you may need to provide additional information or correct the application before registration can proceed. The available next steps depend on the specific issue identified by the Secretary of State. TTAB proceedings apply to federal USPTO matters, not Washington state trademark applications.
Can I register a trademark that's federally registered?
Yes, if a mark is already federally registered in your name.
No, if a trademark is already federally registered to someone else.
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