Washington trademark registration is one of the most effective ways to protect your brand. Managed by the Secretary of State, this process provides local businesses with an affordable opportunity to secure exclusive rights.
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 grants exclusive use of the mark within the state and the right to challenge infringing or deceptive uses. However, you should keep in mind that protection is limited to Washington. For national coverage, you must apply for federal trademark registration or file individual applications in the states where you intend to do business.
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 include distinctive visual elements beyond logos, such as the Coca-Cola Bottle shape, the Toblerone bar design, or the Burberry plaid pattern.
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 registration law may exclude from protection marks that are deceptive, offensive, generic, or confusingly similar to brands that could mislead consumers or conflict with existing rights.
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 official state trademark database is the primary source for searching, as it contains all registered and pending marks within 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 must be submitted as clear digital images that match their actual use and the design search code(s).
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. Once received, you’ll get a confirmation of filing and processing status.
Examination process
The Secretary of State reviews your application for completeness, proper specimens, and any potential conflict with the state registrations.
When the examiner finds issues, you may receive objections or office actions. You must respond in a set time (typically 30 days), providing explanations, amendments, or clarifications.
You’ll receive official communication, usually by post or email, confirming receipt, providing status updates, or requesting required responses from the office.
Publication and opposition
Once your Washington registration clears the examination, the mark is entered into the Washington Secretary of State’s public trademark database. During the opposition period (typically 30 days), interested parties may challenge if they believe your mark will harm their rights.
Under RCW 19.77, disputes are handled through state courts. If no opposition arises or your defense is successful, the registration goes forward.
Registration certificate
Once your application for Washington trademark registration is approved, the Secretary of State issues a registration certificate, confirming your exclusive rights to the mark within the state. The effective date of protection lasts five years and begins on the date of registration.
Holding a certificate grants you the right to use the “™” symbol in Washington and the “℠” symbol for service marks, pursue legal action against infringers in state courts, and create a public record of ownership.
Holding a certificate grants you the right to use the Ⓡ symbol. The “℠” and “™” symbols, however, may be used from the moment of filing an application.
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.
Compared to federal registration (currently $350–$550 per class), state registration is far more cost-effective for local businesses that operate only within Washington.
Timeline for Washington state trademark registration
The trademark registration process is relatively swift, with an average review time of 5 to 7 business days, depending on the examiner’s workload and the backlog. For those who need their documents in a hurry, the Corporate Division offers expedited service (with a three-business-day timeframe for review) and same-day service. According to the Washington Secretary of State website, “same-day service fee for front-counter transactions will be charged as an expedited fee and processed the same day if received before 3:30 p.m.”
Factors such as incomplete forms, objections, or specimen issues can prolong the review.
By comparison, federal USPTO registration typically takes 12 to 18 months or more, assuming no major hurdles.
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 details change, file an amendment with the Secretary of State ($10 fee) to keep your records current. 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 | Protection only within WA | Nationwide protection |
| Term | 5 years, renewable | 10 years, renewable |
| Cost | $55 per class; renewal $50/5 years | $250–$350 per class; renewal $525/10 years |
| 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 benefits include national priority, Customs enforcement, and access to federal courts.
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. Avoid generic or merely descriptive terms, as these cannot be registered,
- 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 generic or merely descriptive names, which will be rejected by the Secretary of State
- 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. If you are considering Washington trademark registration, our experienced trademark consultants are here to guide you through each step. Contact us today to ensure your application is filed correctly and your rights are fully protected.
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. For Expedited Service add $100 fee to your filing fee.
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, you don't necessarily need a Washington address to register a trademark in Washington State. However, your business will need a physical address in Washington for its Registered Agent or principal place of business.
Can I register the same mark in multiple classes?
Yes, you can register the same trademark in multiple classes, obtaining a comprehensive protection of your products and services. Fees are charged per class and an objection or refusal will affect the entire trademark registration process.
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?
In this case, you have several options: you can file a response to the Office Action to address the examiner's concerns, amend your application to make corrections, pursue an appeal with the Trademark Trial and Appeal Board (TTAB), negotiate a coexistence agreement with an existing mark owner, or submit a completely new application with a revised mark.
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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