From the Ozarks to the Delta: How to Trademark in Arkansas

Are you an Arkansas business owner looking to protect your brand by registering a trademark? This article explores your two most likely options - state and federal trademark registration - while also delving into the pros and cons. We'll also cover the process of applying for a trademark, the fees involved, and why you might need an attorney. 

Understanding trademarks

The United States Patent and Trademark Office (USPTO) defines a trademark as a symbol, word, phrase, design, or combination of these used in reference to a person's or business's goods or services.

Why register a trademark in Arkansas?

Registering a trademark in Arkansas ensures protection for your brand identity within the state. It's cheaper to register a state trademark compared to federal registration. As of 2025, Arkansas charges $50 per classification compared to $350 for a USPTO classification.

Having a registered trademark is critical to maintaining brand identity and a competitive edge. It's important to register a mark to prevent others from using a similar mark that may confuse your customers. It also grants a trademark owner the right to pursue legal action against infringement.

The limitations of state trademark protection

State registration means you can only enjoy protection within the state. Your business isn't protected if you expand beyond state lines. This means that other individuals or entities may use your mark for their goods or services. To enjoy protection beyond state borders, you'll need to decide on whether to register a trademark in the new jurisdiction or apply for federal registration.

Further, some states lack trademark databases. This means third parties may be unaware of your existing registration. It's your responsibility to ensure other businesses don't infringe on your rights to a trademark.

Also, your state registration suffers the risk of being overrun by a federal registration. If a business owns federal rights to a trademark similar to your state registration, even if yours is older, they may stop you from using your mark in commerce.

The benefits of federal trademark registration

Registering a trademark with the USPTO gives your business rights throughout the United States and its territories. This includes registration in the publicly accessible federal database of registered marks. Your business can use the ® symbol and generally rely on those rights to protect your trademark as you expand across state lines. 

Federal registration also serves as a basis of registration for your mark in other countries through the Madrid Protocol. The treaty allows businesses to file a single application that can then be applied to any of the over 100 member countries. 

This is as long as you meet the criteria for registration in those countries. However, the treaty doesn't automatically guarantee your trademark will be registered in each country. Your application will be reviewed independently by each country before it's approved.

The process of registering a trademark in Arkansas

The first step for registering a trademark in Arkansas is conducting a comprehensive search. This ensures the mark isn't already in use. It also avoids a potential legal tiff should your registration be an infringement. The process also involves the filing of the trademark application, examination by the trademark office, and final approval or denial.

1. Trademark search

It's important to conduct a thorough search before applying for trademark registration. This helps confirm whether the trademark is in use or portions thereof. This also enables an applicant to avoid investment in time and money when registering a mark, especially if a conflict is discovered.

To conduct a thorough search, you should:

1. Search current trademarks and service marks registered with the Arkansas Secretary of State.
2. Search the USPTO database for federally registered trademarks. "Live" marks on file with the USPTO may prevent the registration of a proposed mark with the Arkansas Secretary of State, given certain circumstances.
3. Conduct a common law trademark search. A detailed search of business registries and online could help identify unregistered trademarks already in use that could conflict with yours.

2. Trademark application

After conducting a thorough search of the mark on the Arkansas Secretary of State database, apply for registration. You can obtain a fillable PDF of the application online. You can also collect a paper copy of the application in person at the Secretary of State's office. By request, an application may also be mailed to the applicant.

In your application, give the date the mark was first used anywhere and the date it was first used in Arkansas. No mark can be registered in Arkansas until the mark is used in the state and the product or service is available in this state. 

If you own a federal trademark, provide the current registration number. If you have applied for registration of a federal trademark, provide the serial number. Failure to notify the Arkansas Secretary of State Office of current or pending federal marks may adversely affect the application.

The application, payment, and specimens submitted must be original. The Arkansas Secretary of State's office doesn't accept faxed or photocopied signatures. You should mail or hand deliver your application.

A payment of $50.00, made payable to the Secretary of State, is required for all new applications. The fee must be submitted with the application. 

The payment will not be processed unless the application is accepted. Payment will be returned with the application if it is rejected for any reason. If sending in multiple applications, please provide a separate check for each. 

3. Trademark specimen

You must provide three specimens (samples) showing how your mark has been used in commerce. The specimens provided must be in actual use within the state of Arkansas

The specimens must be original. 

Photocopies aren't accepted unless they are pictures of signage too large to mail or webpage "screenshots." Examples of specimens include product labels, packaging, advertisements, letterhead, business cards, or actual products (i.e., mugs, t-shirts, key chains, menus, etc.).

4. Trademark approval

The Secretary of State's office handles the applications, which are received on a first-come, first-served basis. The office does not stipulate a specific period of time; thus, the approval process may take several weeks. The state office strives to search for potential conflicts and ensure the submitted application is complete and accurate. 

Nevertheless, receipt of a trademark from the Arkansas Secretary of State doesn't guarantee the absolute right to use the mark. Prior or superior rights to use the mark may exist elsewhere.

You can't expedite the application process in Arkansas. If you choose to hand deliver your application, your filing will still go through the same review process, and the applicant will receive an answer by mail. 

Maintaining your Arkansas trademark

Registering a trademark is only one-half of the job; enforcing and maintaining it is the other. 

After a mark has been registered with the Arkansas Secretary of State, you may use a "TM" for a trademark or an "SM" for a service mark. The "®" symbol is strictly for federal registrations. It can only be used after the USPTO has granted your registration. Registering a mark with the Arkansas Secretary of State does not entitle you to use “®.”

Registration of a trademark in Arkansas is effective for 5 years from the date of registration. You may apply for renewal as early as 6 months prior to the expiration date. If a trademark isn't renewed before the expiration date, it will expire. Expired trademarks cannot be renewed.

The mark may be renewed every five years as long as it's in continual use. The information about the mark provided on a renewal application should match the information provided on the original application with current specimens unless an assignment was filed with the state office.

The wording or design of a mark currently registered with the Secretary of State's office may not be changed. If you wish to make changes to an existing mark, a new application will be required since this would be considered a new mark.

To assign a trademark to another person or business, fill out an assignment form with the Secretary of State online. A fee of $20.00 is payable to the state office. When the assignment has been properly filed, a new certificate of registration in the assignee's name will be issued for the remainder of the mark's registration period. The assigned mark will also be eligible for the renewal.

Rejected applications

A trademark application may be rejected by the Arkansas Secretary of State for various reasons. The state returns any rejected application with a cover sheet explaining the reasons for rejection. Any specimens and payments that were made with the application will also be returned with the rejection notice.

Once an application or form has been notarized, it cannot be changed. If your application has been rejected for inadequate responses, a new application should be submitted.

The reasons for rejection of a trademark may include:

• An incomplete form is submitted.  
• Acceptable specimens are not provided.  
• The application is not signed and/or not properly notarized. 
• The application is messy or difficult to read. 
• Failure to include payment of $50.00 per mark being applied.  
• Ownership is incorrectly identified.
• The proposed mark is not currently used in the state of Arkansas.

In the state of Arkansas, a trademark shall not be registered if it:

1. Contains immoral, deceptive, or scandalous portions. 
2. Is composed of matter that may disparage or falsely suggest a connection with persons, living or deceased, institutions, beliefs, or national symbols or bring them into contempt or disrepute. 
3. Consists of the flag, coat of arms, or other insignia of the United States, any state or municipality, any foreign nation, or any simulation thereof. 
4. Has the name, signature, or portrait of another party without their written consent. 
5. The mark is merely descriptive of the goods or services represented, primarily geographically descriptive, or is primarily merely a surname. 
6. Portions of the mark resemble a mark registered in Arkansas or a mark previously used by another registrant or business entity in this state.

Ready to secure your business in Arkansas?

The process of registering a trademark in Arkansas is straightforward. However, seeking the services of a trademark attorney could alleviate any challenges that may arise along the way. This allows you to invest your time and money into growing your business.

Additional resources

• 4 Things to Consider When Registering Your Trademark
• Do I Need to Hire a Trademark Attorney?
• State Trademark vs. Federal Trademark: Which is Best?
• 6 Tips: What To Do After Filing A Trademark Application

Glossary of legal terms

• Trademark assignment: Refers to the transfer of ownership of a trademark from one party (the assignor) to another (the assignee).
• Trademark infringement: The unauthorized use of another person's or business' trademark or portions thereof without consent.
• Trademark classification: A system that categorizes trademarks into specific classes based on the type of goods or services they represent.