How to Register a Trademark in Indiana (2026)
Reviewed by DocDraft Legal Team · Indiana · Last updated August 12, 2026
A state trademark in Indiana is registered with the Indiana Secretary of State under the Indiana Trademark Act, Ind. Code 24-2-1 et seq. Filings run through INBiz, the state's online business portal, and protection is limited to Indiana rather than the nationwide reach of a federal USPTO registration. An Indiana registration lasts five years and is renewable, which is a shorter term than the ten-year federal cycle. Indiana also protects trade secrets under its version of the Uniform Trade Secrets Act, Ind. Code 24-2-3, and has an unusually strong right of publicity, Ind. Code 32-36, that lasts one hundred years after a person's death.
How do I register a trademark with the state of Indiana?
You register an Indiana trademark with the Secretary of State under the Indiana Trademark Act, Ind. Code 24-2-1. Filings go through INBiz, the state's online business portal at inbiz.in.gov. You must already be using the mark in Indiana, identify the goods or services and their class, and pay the per-class fee to receive a certificate of registration.
How much does an Indiana state trademark cost?
Indiana charges a per-class filing fee that is far below the federal $350-per-class rate, making state registration cheap for a purely local business. The statutory fee under Ind. Code 24-2-1-4 is $10 per class, though filers should confirm the current amount on INBiz before paying.: verify the exact 2026 INBiz per-class fee.
How long does an Indiana trademark registration last?
An Indiana registration is effective for five years from the date it is issued and can be renewed for additional five-year terms under Ind. Code 24-2-1. This is shorter than the federal ten-year cycle. The Secretary of State sends a renewal notice to the registrant's last known address about six months before the term expires.
Should I register in Indiana or with the USPTO?
An Indiana registration only protects you inside Indiana and is best for a purely local business. If you sell across state lines or online, a federal USPTO registration gives nationwide priority, the right to use the registered symbol, and federal-court enforcement. Many Indiana owners rely on common-law rights from use until they are ready to file federally.
Indiana's landmark right of publicity and its trademark office
Indiana is best known in intellectual property circles not for its state trademark register but for having one of the strongest right of publicity statutes in the country. Ind. Code 32-36-1 protects a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, and mannerisms, and the right survives for one hundred years after death, one of the longest post-mortem terms anywhere. The statute reaches conduct with an Indiana connection and is administered by the courts rather than an agency, and it has made the state a hub for licensing the personas of deceased celebrities. On the trademark side, registration is handled by the Indiana Secretary of State under the Indiana Trademark Act, Ind. Code 24-2-1, with applications filed electronically through INBiz. Indiana couples this with its own Uniform Trade Secrets Act, Ind. Code 24-2-3, so a business protecting a brand in Indiana is working within three distinct statutory schemes: trademarks, trade secrets, and publicity rights.
Relevant Laws
Indiana Trademark Act, Ind. Code 24-2-1 et seq.
The state statute governing registration of trademarks and service marks with the Indiana Secretary of State, including the five-year term, per-class fees, and the certificate of registration under Ind. Code 24-2-1-5.
Indiana Secretary of State trademarks (INBiz)
The official Indiana Secretary of State online portal, INBiz, where businesses search existing marks and file trademark and service mark registrations and renewals with the Business Services Division.
Indiana Uniform Trade Secrets Act, Ind. Code 24-2-3
Indiana's adoption of the Uniform Trade Secrets Act, protecting confidential business information from misappropriation and authorizing injunctions and damages.
Indiana Rights of Publicity, Ind. Code 32-36-1
Indiana's notably strong right of publicity, requiring written consent to use a personality's name, likeness, voice, and image for commercial purposes, with protection lasting one hundred years after death.
Regional Variances
Indiana registration vs. federal USPTO registration
Indiana Secretary of State (INBiz)
Protection inside Indiana only, under the Indiana Trademark Act, Ind. Code 24-2-1. Low per-class fee ($10 statutory; confirm on INBiz) and a five-year renewable term. Requires actual use in Indiana, with no intent-to-use track.
Federal (USPTO)
Nationwide priority, a presumption of ownership, the registered symbol, and federal-court enforcement under the Lanham Act. $350 per class and a ten-year renewable term, so it costs more but lasts twice as long as an Indiana registration.
Indiana's brand-protection statutes beyond trademarks
Trade secrets (Ind. Code 24-2-3)
Indiana has adopted the Uniform Trade Secrets Act. It protects confidential information with independent economic value that is kept secret, and allows injunctions and damages for misappropriation.
Right of publicity (Ind. Code 32-36-1)
One of the strongest in the nation. Written consent is required to use a personality's name, likeness, voice, or image commercially, and the right endures one hundred years after death.
Suggested Compliance Checklist
Confirm actual use of the mark in Indiana
Before filing days after startingIndiana registers marks in actual use under Ind. Code 24-2-1, with no intent-to-use option. Document your date of first use in Indiana and in commerce before applying through INBiz.
Search INBiz and the USPTO for conflicts
Before filing days after startingSearch existing Indiana marks and business names on INBiz at inbiz.in.gov and cross-check the federal USPTO database, since a state filing will not clear you against a prior federal mark.
Prepare the Indiana trademark application and specimen
When ready to file days after startingComplete the Application for Registration of Trademark or Service Mark with the owner, mark, class, and first-use dates, and gather a specimen showing the mark as used in Indiana.
File through INBiz and pay the per-class fee
When ready to file days after startingSubmit the application through INBiz and pay the per-class fee ($10 statutory; confirm the current amount on INBiz) to receive a certificate of registration under Ind. Code 24-2-1-5.: verify the 2026 per-class fee.
Calendar the five-year Indiana renewal
About 6 months before the 5-year term ends days after startingAn Indiana registration lasts five years and is renewable. Watch for the Secretary of State's renewal notice, keep your address current, and file the renewal before the term lapses.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Indiana | Indiana registers marks in actual use under Ind. Code 24-2-1, with no intent-to-use option. Document your date of first use in Indiana and in commerce before applying through INBiz. | - | Before filing |
| Search INBiz and the USPTO for conflicts | Search existing Indiana marks and business names on INBiz at inbiz.in.gov and cross-check the federal USPTO database, since a state filing will not clear you against a prior federal mark. | - | Before filing |
| Prepare the Indiana trademark application and specimen | Complete the Application for Registration of Trademark or Service Mark with the owner, mark, class, and first-use dates, and gather a specimen showing the mark as used in Indiana. | trademark-application | When ready to file |
| File through INBiz and pay the per-class fee | Submit the application through INBiz and pay the per-class fee ($10 statutory; confirm the current amount on INBiz) to receive a certificate of registration under Ind. Code 24-2-1-5.: verify the 2026 per-class fee. | - | When ready to file |
| Calendar the five-year Indiana renewal | An Indiana registration lasts five years and is renewable. Watch for the Secretary of State's renewal notice, keep your address current, and file the renewal before the term lapses. | - | About 6 months before the 5-year term ends |
Frequently Asked Questions
No. A registration under the Indiana Trademark Act, Ind. Code 24-2-1, only gives rights within Indiana. It cannot stop use in other states and does not carry the nationwide priority or the registered symbol that come with a federal USPTO registration. For protection beyond Indiana you need to register federally.
No. Indiana registers marks that are actually in use in the state, so there is no intent-to-use basis like the federal Section 1(b) option. You generally must already be selling goods or offering services under the mark in Indiana before you apply through INBiz. If you only have a plan to launch, a federal intent-to-use application may fit better.
Indiana has adopted the Uniform Trade Secrets Act as the Indiana Uniform Trade Secrets Act, Ind. Code 24-2-3. It defines a trade secret as information that has independent economic value from not being generally known and is subject to reasonable efforts to keep it secret, and it lets a court enjoin misappropriation and award damages. This protects confidential brand and business information that a trademark cannot.
Very strong. Ind. Code 32-36-1 requires written consent to use a personality's name, image, likeness, voice, signature, or distinctive appearance for a commercial purpose, and the right lasts one hundred years after death. If your Indiana brand or advertising uses a real person, including a deceased celebrity, you likely need a license, or you risk liability under this statute.
INBiz at inbiz.in.gov is the Indiana Secretary of State's one-stop online business portal. It handles business entity filings and is where you search existing Indiana marks and submit trademark and service mark applications and renewals. It is the standard route for filing an Indiana trademark with the Secretary of State's Business Services Division.
Other Indiana guides
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