How to Register a Trademark in Alabama (2026)
Reviewed by DocDraft Legal Team · Alabama · Last updated August 12, 2026
A trademark used only within Alabama can be registered with the Alabama Secretary of State under the state trademark act, Ala. Code 8-12-6 et seq. The Secretary of State charges a filing fee of $30 for each class of goods or services, and an Alabama registration lasts five years and is renewable for successive five-year terms. State registration gives notice and a record of your claim within Alabama but does not carry the nationwide priority of a federal USPTO mark. Businesses selling across state lines or online should file federally instead of, or in addition to, registering with the state.
How do I register a trademark with the Alabama Secretary of State?
File an Application to Register a Trademark, Service Mark, or Trade Name with the Alabama Secretary of State under Ala. Code 8-12-6 et seq. You submit the application, three specimens showing the mark in use, and the filing fee. The office reviews the application and issues a certificate of registration once it is accepted.
How much does an Alabama state trademark registration cost?
The Alabama Secretary of State charges a filing fee of $30 for each class of goods or services, set under Ala. Code 8-12-8. If your goods or services fall into more than one class, you file a separate application and pay a separate $30 fee for each class. This is far cheaper than the $350-per-class federal USPTO fee.
How long does an Alabama trademark registration last?
An Alabama registration is effective for five years from the date of registration under Ala. Code 8-12-10. You may renew it for successive five-year terms by filing a renewal application, a specimen, and the renewal fee. A renewal application should be filed within the six months before the registration expires while the mark is still in use.
Does an Alabama state trademark protect me outside Alabama?
No. A registration with the Alabama Secretary of State only gives rights and notice within Alabama. It does not stop someone in another state from using a similar mark and carries no nationwide priority. For protection across state lines or online, you must register federally with the USPTO under the Lanham Act.
Alabama is one of the few states that never adopted the Uniform Trade Secrets Act
Trademark law in Alabama sits alongside an unusually distinctive trade-secret regime. Rather than adopting the Uniform Trade Secrets Act (UTSA) that most states enacted, the Alabama Legislature passed its own Alabama Trade Secrets Act in 1987, codified at Ala. Code 8-27-1 through 8-27-6. Because it is home-grown rather than the uniform text, Alabama courts read terms such as what qualifies as a protectable trade secret and what counts as misappropriation under the state's own six-element definition rather than the UTSA framework, which matters when a business protects customer lists, formulas, or software that a bare trademark cannot cover. On the branding side, marks used only in Alabama are registered through the Secretary of State's office under Ala. Code 8-12-6 et seq., a five-year registration that is cheaper and faster than a federal filing but strictly local in effect. Alabama also has a strong statutory right of publicity (the Alabama Right of Publicity Act, Ala. Code 6-5-770 et seq.) that protects a person's name, likeness, and voice for life plus 55 years after death, which brand owners using real people in advertising must respect.
Relevant Laws
Alabama Trademark Registration Statute, Ala. Code 8-12-6 et seq.
The Alabama statute governing registration of trademarks, service marks, and trade names with the Secretary of State. Section 8-12-8 sets the $30-per-class filing fee and Section 8-12-10 sets the five-year renewable term.
Alabama Secretary of State - Trademarks
The official Alabama Secretary of State page for registering and renewing trademarks, service marks, and trade names, with the application forms, specimen requirements, and fee information.
Alabama Trade Secrets Act, Ala. Code 8-27-1 et seq.
Alabama's own trade-secret statute, enacted in 1987. Alabama did not adopt the Uniform Trade Secrets Act, so this act supplies the state's definitions of a trade secret and misappropriation and its remedies.
Alabama Right of Publicity Act, Ala. Code 6-5-770 et seq.
Protects the name, likeness, photograph, signature, and voice of every person for life and for 55 years after death, which brand owners must respect when using a real person's identity in advertising.
Regional Variances
Registering in Alabama vs. registering federally
Alabama Secretary of State (Ala. Code 8-12-6 et seq.)
$30 filing fee per class under Ala. Code 8-12-8, requires three specimens, and lasts five years renewable for successive five-year terms. Rights and notice are limited to Alabama only.
Federal (USPTO, Lanham Act)
$350 per class, lasts 10 years and is renewable indefinitely, and gives nationwide priority, a presumption of ownership, and the registered symbol. The right choice for interstate or online sales.
Common law (use in a trading area)
Rights arise automatically from actual use in Alabama, limited to the geographic area where you trade. Free but hardest to prove and enforce, with no certificate and no registered symbol.
Related Alabama business-IP statutes
Alabama Trade Secrets Act (Ala. Code 8-27-1 et seq.)
A distinctive home-grown act from 1987. Alabama did NOT adopt the Uniform Trade Secrets Act, so its own definitions govern formulas, customer lists, and software that a trademark cannot protect.
Alabama Right of Publicity Act (Ala. Code 6-5-770 et seq.)
Protects name, likeness, and voice for life plus 55 years after death. Advertising that uses a real person's identity generally needs consent from the person or the estate.
Suggested Compliance Checklist
Confirm actual use of the mark in Alabama
Before filing days after startingVerify the mark is being used on goods sold or services rendered in Alabama and gather dated proof, since the Secretary of State registers marks that are already in use under Ala. Code 8-12-6 et seq.
Search Alabama and federal records for conflicts
Before filing days after startingSearch the Alabama Secretary of State trademark and entity records and the USPTO database for confusingly similar marks. A federal mark can block your use even without an Alabama registration.
File the Alabama application with specimens and fee
When ready to register days after startingSubmit the Application to Register a Trademark, Service Mark, or Trade Name to the Secretary of State with three specimens and the $30-per-class fee. File a separate application and fee for each class.
Protect trade secrets under the Alabama act
Alongside branding days after startingFor formulas, customer lists, or software a trademark cannot cover, use NDAs and reasonable secrecy measures to qualify for protection under the Alabama Trade Secrets Act, Ala. Code 8-27-1 et seq.
Calendar the five-year renewal
Within 6 months before expiration days after startingAn Alabama registration lasts five years under Ala. Code 8-12-10. File a renewal application, a specimen, and the renewal fee before it lapses while the mark is still in use to keep it active.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Alabama | Verify the mark is being used on goods sold or services rendered in Alabama and gather dated proof, since the Secretary of State registers marks that are already in use under Ala. Code 8-12-6 et seq. | - | Before filing |
| Search Alabama and federal records for conflicts | Search the Alabama Secretary of State trademark and entity records and the USPTO database for confusingly similar marks. A federal mark can block your use even without an Alabama registration. | - | Before filing |
| File the Alabama application with specimens and fee | Submit the Application to Register a Trademark, Service Mark, or Trade Name to the Secretary of State with three specimens and the $30-per-class fee. File a separate application and fee for each class. | trademark-application | When ready to register |
| Protect trade secrets under the Alabama act | For formulas, customer lists, or software a trademark cannot cover, use NDAs and reasonable secrecy measures to qualify for protection under the Alabama Trade Secrets Act, Ala. Code 8-27-1 et seq. | - | Alongside branding |
| Calendar the five-year renewal | An Alabama registration lasts five years under Ala. Code 8-12-10. File a renewal application, a specimen, and the renewal fee before it lapses while the mark is still in use to keep it active. | - | Within 6 months before expiration |
Frequently Asked Questions
No. An Alabama registration is granted by the Secretary of State under Ala. Code 8-12-6 et seq. and only creates rights within Alabama. A federal registration with the USPTO under the Lanham Act gives nationwide priority, a presumption of ownership, and the right to use the registered symbol. Many Alabama businesses that sell online or across state lines file federally instead.
No. Alabama is one of the few states that never adopted the Uniform Trade Secrets Act. Instead the Legislature enacted the Alabama Trade Secrets Act in 1987, codified at Ala. Code 8-27-1 through 8-27-6, which uses its own definitions of a trade secret and misappropriation. Businesses relying on confidential formulas, customer lists, or software should protect them under that state statute in addition to any trademark.
Yes. The Alabama Right of Publicity Act, Ala. Code 6-5-770 et seq., protects a person's name, likeness, photograph, signature, and voice. The right lasts for the person's life and for 55 years after death. If your marketing uses a real person's identity, you generally need their consent, and using a deceased celebrity's likeness can require the estate's permission.
The Alabama Secretary of State requires three specimens showing the mark as it is actually used on the goods or services, such as labels, tags, packaging, or advertising for services. The specimens must reflect real use in Alabama, not a mock-up. A renewal application requires one specimen. Filing without adequate specimens will delay or block the registration.
You can still register it with the Alabama Secretary of State if the mark is in use within the state, and you also hold common-law rights in the geographic area where you actually trade. Common-law rights arise from use alone but are limited to that trading area. A state registration adds a public record of your claim across Alabama.
Other Alabama guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.