How to Register a Trademark in California (2026)
Reviewed by DocDraft Legal Team · California · Last updated August 12, 2026
In California a state trademark or service mark is registered with the Secretary of State under the Model State Trademark Law, California Business and Professions Code sections 14200 et seq. The filing fee is $70 per classification code, and a California registration is effective for five years and renewable in five-year terms, a shorter cycle than the federal ten-year term. State registration protects a mark only within California, so businesses selling across state lines or online usually file federally with the USPTO instead. California also protects confidential business information under the California Uniform Trade Secrets Act and gives strong name-and-likeness protection through its right-of-publicity statutes.
How do I register a trademark with the state of California?
You file an Application for Registration of a Trademark or Service Mark (form TM-100) with the California Secretary of State, either online at the state trademark filing portal or by mail. You must already be using the mark in California, list the goods or services and their classification codes, and submit three specimens showing actual use. The fee is $70 per classification code.
How much does a California state trademark registration cost?
The California Secretary of State charges $70 per classification code for a trademark or service mark registration on form TM-100. A mark used across two classes costs $140. Renewal on form TM-109 is only $30, an assignment on form TM-108 is $30, and recording a name change of the registered owner on form TM-110 carries no fee.
How long does a California trademark registration last?
A California registration is effective for five years from the date the Secretary of State files it, then may be renewed for additional five-year terms within six months before it expires. That five-year cycle is shorter than the federal ten-year term. California shortened its term from ten to five years when the Model State Trademark Law took effect January 1, 2008.
Should I register in California or with the USPTO?
A California registration only protects your mark within the state and requires actual in-state use before you file. If you sell across state lines or online, federal registration with the USPTO at $350 per class gives nationwide priority and the right to use the registered symbol. Many California businesses file federally and treat a state registration as a local supplement.
California adopted the Model State Trademark Law and cut its term to five years
California registers marks under the Model State Trademark Law, Business and Professions Code sections 14200 et seq., which replaced the state's older trademark statute effective January 1, 2008. That change carried a practical consequence many California owners miss: it cut the state registration term from ten years down to five, so a California mark must be renewed on form TM-109 (a $30 filing) far more often than a federal registration. The Secretary of State runs the program through its Trademarks and Service Marks unit and, unlike the USPTO, requires actual use in California before you can apply, so there is no intent-to-use track at the state level. Applications go in on form TM-100 for $70 per classification code, and since 2018 they can be filed online through the Secretary of State's trademark portal at tmbizfile.sos.ca.gov. California distinctively pairs this trademark scheme with unusually strong adjacent protections: the California Uniform Trade Secrets Act (Civil Code sections 3426 to 3426.11), adopted in 1984, and two right-of-publicity statutes, Civil Code section 3344 for living persons and section 3344.1 (the Astaire Celebrity Image Protection Act) giving heirs of deceased personalities rights for 70 years after death.
Relevant Laws
Model State Trademark Law, Cal. Bus. & Prof. Code §§ 14200 et seq.
California's trademark registration statute, effective January 1, 2008, governing state registration of trademarks and service marks, the five-year term, and renewal through the Secretary of State.
California Secretary of State, Trademarks and Service Marks
The official state filing office. Provides form TM-100 (registration, $70 per class), form TM-109 (renewal, $30), and online filing at tmbizfile.sos.ca.gov.
California Uniform Trade Secrets Act, Cal. Civ. Code §§ 3426–3426.11
California's adoption of the Uniform Trade Secrets Act (enacted 1984), providing injunctions and damages for misappropriation of trade secrets kept secret by reasonable measures.
California Right of Publicity, Cal. Civ. Code §§ 3344 and 3344.1
Section 3344 protects living persons' name, voice, and likeness from unauthorized commercial use; section 3344.1 (Astaire Act) extends post-mortem rights to heirs for 70 years after death.
Regional Variances
California state registration vs. federal USPTO registration
California (Secretary of State, form TM-100)
Protection within California only. $70 per classification code, effective five years, renewable in five-year terms on form TM-109 ($30). Actual in-state use required before filing; no intent-to-use option.
Federal (USPTO)
Nationwide priority, presumption of ownership, and the registered symbol. $350 per class, ten-year term, renewable. Allows intent-to-use applications, which California does not.
How California's five-year term compares to neighboring states
California
Five-year term under the Model State Trademark Law (Bus. & Prof. Code §§ 14200 et seq.), cut from ten years when the law took effect January 1, 2008. Renewal every five years.
Many other states
A large number of states that adopted the Model State Trademark Act set the term at five years, but terms vary; some states still use ten-year terms. Always confirm the term with the specific Secretary of State.
Adjacent California IP protections
Trade secrets
California adopted the Uniform Trade Secrets Act in 1984, codified at Civil Code §§ 3426 to 3426.11 (CUTSA), covering misappropriation of confidential business information.
Right of publicity
Statutory under Civil Code § 3344 (living persons) and § 3344.1 (deceased personalities, 70 years post-mortem), alongside a recognized common-law right. Stronger than states relying on common law alone.
Suggested Compliance Checklist
Confirm actual use of the mark in California
Before filing days after startingCalifornia has no intent-to-use track; you must already be using the mark in the state. Document your date of first use in California and your date of first use in commerce for form TM-100.
Search California and USPTO trademark records
Before filing days after startingSearch the Secretary of State's records at tmbizfile.sos.ca.gov and the USPTO database for confusingly similar marks on related goods or services. A state registration cannot override an existing federal mark.
Prepare specimens and classify goods or services
Before filing days after startingAssemble three specimens showing actual use and identify each classification code your goods or services fall under. The $70 fee applies per classification code, so class count drives the total.
File form TM-100 with the California Secretary of State
When ready days after startingSubmit the Application for Registration of a Trademark or Service Mark online at tmbizfile.sos.ca.gov or by mail, with $70 per classification code and your specimens, to receive a certificate of registration.
Calendar the five-year California renewal
Within 6 months before the 5-year expiration days after startingA California registration lasts five years from filing. File renewal form TM-109 ($30) within the six months before expiration. The state cycle is twice as frequent as the federal ten-year renewal.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in California | California has no intent-to-use track; you must already be using the mark in the state. Document your date of first use in California and your date of first use in commerce for form TM-100. | - | Before filing |
| Search California and USPTO trademark records | Search the Secretary of State's records at tmbizfile.sos.ca.gov and the USPTO database for confusingly similar marks on related goods or services. A state registration cannot override an existing federal mark. | - | Before filing |
| Prepare specimens and classify goods or services | Assemble three specimens showing actual use and identify each classification code your goods or services fall under. The $70 fee applies per classification code, so class count drives the total. | - | Before filing |
| File form TM-100 with the California Secretary of State | Submit the Application for Registration of a Trademark or Service Mark online at tmbizfile.sos.ca.gov or by mail, with $70 per classification code and your specimens, to receive a certificate of registration. | trademark-application | When ready |
| Calendar the five-year California renewal | A California registration lasts five years from filing. File renewal form TM-109 ($30) within the six months before expiration. The state cycle is twice as frequent as the federal ten-year renewal. | - | Within 6 months before the 5-year expiration |
Frequently Asked Questions
No. A California registration only gives rights within California. It cannot stop someone in another state from using a similar mark, and it provides no nationwide priority. If you sell across state lines or online, you need a federal registration from the USPTO to get protection beyond California's borders.
No. Unlike the USPTO, the California Secretary of State requires actual use of the mark in California before you apply on form TM-100, and you must submit three specimens showing that use. There is no state intent-to-use track, so you cannot reserve a mark in California before you start using it.
California adopted the Uniform Trade Secrets Act in 1984, codified as the California Uniform Trade Secrets Act at Civil Code sections 3426 to 3426.11. It lets a business seek injunctions and damages for misappropriation of confidential information, such as customer lists or formulas, provided the owner took reasonable steps to keep the information secret.
Yes. California Civil Code section 3344 gives living people a statutory right of publicity against unauthorized commercial use of their name, voice, signature, photograph, or likeness. Section 3344.1, the Astaire Celebrity Image Protection Act, extends that right to the heirs of deceased personalities for 70 years after death. California also recognizes a common-law right of publicity alongside these statutes.
You pay $70 per classification code to register on form TM-100, then $30 to renew on form TM-109 every five years. Over a ten-year span a single-class mark costs $70 to register plus one $30 renewal, so $100 total, far less than the federal maintenance filings but valid only within California.
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