State Trademark and Service Mark Guide
Johnson and Phung PLLC
Patent and Trademark attorneys
General patent and trademark Information
If you want to register a trademark in Minnesota, you must file with the Minnesota Secretary of State and show that your mark is already being used in commerce in Minnesota. A Minnesota trademark or service mark registration can help protect your brand name, logo, or slogan at the state level, but it does not replace federal trademark protection and does not create a copyright. In Minnesota, trademark registrations may be filed by mail or online as an express filing. Below is a simple step-by-step guide to the Minnesota trademark registration process, including specimen requirements, classification details, and first-use information.
1. Submit a specimen of your trademark as it is actually used in business. Copies are acceptable. A typewritten statement of the trademark is not acceptable because it does not show actual public use. Acceptable examples include a business card, letterhead, advertisement, label, or product packaging that displays the trademark.
2. List the exact words or phrase you want to register. The wording must appear exactly as it is shown on the specimen submitted with your Minnesota trademark application. If you want to register more than one phrase, a separate application is required for each one.
3. Provide a description of the logo design, if applicable. The description should match the design shown on the specimen. Only one logo design may be included per application. If your mark does not include a logo, leave this section blank.
4. Choose the correct trademark classification number. Minnesota requires you to identify the class that corresponds to your goods or services. A separate application and filing fee is required for each classification.
5. Describe the specific goods or services associated with the mark. Be specific and use plain language that clearly identifies what you sell or provide. Avoid broad or vague terms.
6. Explain how the trademark appears on the goods or services. For example, you might state that the mark appears on containers, tags, labels, packaging, or other materials used in connection with the goods or services.
7. Provide the date the trademark was first used in Minnesota. To register a trademark in Minnesota, the mark must already be in commercial use before you file the application.
8. Include the applicant’s full name and address. If the applicant is a business entity, include the home jurisdiction and principal place of business.
9. Sign the application. The trademark owner or an authorized agent must sign the application. If an agent signs, they should indicate that they are authorized to sign on behalf of the trademark holder and include the date, printed name, and title of the signer.
*** Please note that the above information is only general information and should not be considered as legal advice. If you need specific legal advice regarding patent law or trademark law, feel free to reach out to the attorneys at Johnson and Phung for a free initial consultation at our “Contact Us” page at https://mnpatentlaw.com/contact-us/ ***
Johnson and Phung PLLC
We are a Twin Cities patent law firm and Twin Cities trademark law firm that has been committed to helping clients with their Patent, Trademark, and Intellectual Property Law needs in Minneapolis, St. Paul, the Twin Cities metro area, Duluth, Mora, Rochester, Mankato and all of greater Minnesota for over 40 years. All of our Minnesota patent attorneys and trademark attorneys are registered patent attorneys with each having over 25 years of experience."
