How to Register a Trademark in Kansas (2026)
Reviewed by DocDraft Legal Team · Kansas · Last updated August 12, 2026
A Kansas trademark registration is handled by the Kansas Secretary of State under the Revised Kansas Trademark Act, K.S.A. 81-201 et seq. You file Form TSA with a $40 fee, and the registration protects your mark only inside Kansas. A state registration lasts five years and can be renewed for successive five-year terms, which is a shorter cycle than the federal ten-year term. Most businesses that sell across state lines or online should register federally with the USPTO instead of, or in addition to, filing in Kansas.
How much does it cost to register a trademark in Kansas?
The Kansas Secretary of State charges a $40 filing fee for a trademark or service mark application (Form TSA), payable by check, money order, or credit card. That covers the state registration only. A federal USPTO application is separate and costs $350 per class, so a Kansas filing is far cheaper but far narrower in the protection it gives.
How long does a Kansas trademark registration last?
A registration under the Revised Kansas Trademark Act lasts five years from the date of registration, per K.S.A. 81-207. You can renew it for successive five-year terms by filing a renewal application within the six months before expiration, with a specimen showing continued use. This five-year cycle is shorter than the federal ten-year term.
Should I register with Kansas or with the USPTO?
A Kansas registration only protects your mark within Kansas and cannot stop use in other states. If you sell across state lines or online, federal USPTO registration is usually the better choice because it gives nationwide priority and the right to use the registered symbol. A state filing suits a purely local Kansas business or an early-stage brand.
What law governs trademarks in Kansas?
State registration is governed by the Revised Kansas Trademark Act, K.S.A. 81-201 et seq., administered by the Kansas Secretary of State. The Act sets out the application requirements (K.S.A. 81-204), the five-year term and renewal (K.S.A. 81-207), and the filing fees (K.S.A. 81-218). Federal marks are separately governed by the Lanham Act.
Kansas: a five-year term and a flat $40 filing
Kansas registers marks under the Revised Kansas Trademark Act, K.S.A. 81-201 et seq., which the Legislature modernized to track the Model State Trademark Bill. Two features stand out. First, the filing is unusually cheap and simple: a flat $40 fee on Form TSA filed with the Kansas Secretary of State, with a $15 fee to record an assignment. Second, the term is short. A Kansas registration is good for only five years under K.S.A. 81-207, half the federal ten-year cycle, so Kansas owners have to calendar renewals more often, and each renewal must include a fresh specimen and a verified statement that the mark is still in use. The Secretary of State also maintains an online trademark and service mark search you can use to check for conflicting Kansas registrations before you file. Note that Kansas registration protects a mark only within the state and confers none of the nationwide rights that come from a federal USPTO registration.
Relevant Laws
Revised Kansas Trademark Act, K.S.A. 81-201 et seq.
The Kansas statute governing state trademark and service mark registration, including application requirements (K.S.A. 81-204), the five-year term and renewal (K.S.A. 81-207), and filing fees (K.S.A. 81-218).
Kansas Secretary of State: Trademark / Service Mark filing
The official Kansas filing office for state trademark registration. Provides Form TSA, the $40 fee schedule, the online mark search, and renewal instructions.
Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 to 60-3330
Kansas adoption of the Uniform Trade Secrets Act, giving businesses a civil remedy for misappropriation of trade secrets, including injunctions, damages, and attorney fees in willful cases.
Lanham Act (Trademark Act of 1946), 15 U.S.C. §1051 et seq.
The federal statute governing USPTO trademark registration and nationwide rights. Register federally for protection beyond Kansas; a Kansas registration is limited to the state.
Regional Variances
Kansas registration vs. federal registration vs. common law
Kansas (Secretary of State, Form TSA)
Revised Kansas Trademark Act, K.S.A. 81-201 et seq. $40 flat fee. Protects the mark only within Kansas. Requires prior use in Kansas; no intent-to-use option.
Federal (USPTO)
Lanham Act. $350 per class. Nationwide priority, the registered symbol, and federal-court enforcement. Ten-year renewable term, with intent-to-use filing available.
Common law (use alone)
Rights arise from actual use in a trading area, limited to where you operate. Free, but no registration record and hardest to enforce.
Kansas term and renewal vs. the federal cycle
Kansas term (K.S.A. 81-207)
Five years from registration, renewable for successive five-year terms. Renew within the six months before expiration with a specimen and a verified use statement.
Federal term
Ten years, renewable indefinitely, with a Section 8 declaration between years 5 and 6 and a combined Section 8 and 9 renewal between years 9 and 10.
Kansas trade secrets (K.S.A. 60-3320 et seq.)
Kansas adopted the Uniform Trade Secrets Act, so trade-secret misappropriation is actionable statewide independent of any trademark filing.
Suggested Compliance Checklist
Confirm actual use of the mark in Kansas
Before filing days after startingKansas has no intent-to-use track, so verify the mark is already used on your goods or services in Kansas and record the date of first use for Form TSA.
Search the Kansas and federal registers
Before filing days after startingRun the Kansas Secretary of State trademark search and the USPTO Trademark Search for confusingly similar marks on related goods or services before you commit to the name.
File Form TSA with the $40 fee
When ready days after startingSubmit the Trademark or Service Mark Application to the Kansas Secretary of State with the owner details, class, specimen, verified statement, and the $40 fee.
Calendar the five-year renewal
Within 6 months before the 5-year expiration days after startingA Kansas registration expires after five years under K.S.A. 81-207. File the renewal with a specimen and verified use statement in the six-month window before expiration.
Protect related trade secrets
Ongoing days after startingUse NDAs and reasonable secrecy measures to keep protection under the Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 et seq., which is separate from trademark registration.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Kansas | Kansas has no intent-to-use track, so verify the mark is already used on your goods or services in Kansas and record the date of first use for Form TSA. | - | Before filing |
| Search the Kansas and federal registers | Run the Kansas Secretary of State trademark search and the USPTO Trademark Search for confusingly similar marks on related goods or services before you commit to the name. | - | Before filing |
| File Form TSA with the $40 fee | Submit the Trademark or Service Mark Application to the Kansas Secretary of State with the owner details, class, specimen, verified statement, and the $40 fee. | trademark-application | When ready |
| Calendar the five-year renewal | A Kansas registration expires after five years under K.S.A. 81-207. File the renewal with a specimen and verified use statement in the six-month window before expiration. | - | Within 6 months before the 5-year expiration |
| Protect related trade secrets | Use NDAs and reasonable secrecy measures to keep protection under the Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 et seq., which is separate from trademark registration. | - | Ongoing |
Frequently Asked Questions
No. A registration under the Revised Kansas Trademark Act protects your mark only within Kansas and gives you no priority against users in other states. For protection beyond Kansas you need a federal USPTO registration, which grants nationwide priority. Many owners register in Kansas for a local brand and file federally once they expand.
No. Kansas requires that you are already using the mark on your goods or services in the state before you apply, and Form TSA asks for the date of first use in Kansas along with a specimen. There is no intent-to-use reservation like the federal Section 1(b) basis. Begin using the mark in Kansas first, then file.
The Revised Kansas Trademark Act sets a five-year term in K.S.A. 81-207, half the federal ten-year cycle. Kansas chose the shorter Model State Trademark Bill term, so you must renew every five years by filing within the six months before expiration with a specimen and a verified statement that the mark is still in use.
Yes. Kansas adopted the Uniform Trade Secrets Act as the Kansas Uniform Trade Secrets Act, K.S.A. 60-3320 through 60-3330. It lets a business sue for misappropriation of a trade secret and recover damages and, in willful cases, exemplary damages and attorney fees. Protecting a trade secret is separate from registering a trademark.
No. Kansas has no right-of-publicity statute and has not adopted one by that name at common law. Instead, Kansas courts recognize the privacy tort of appropriation drawn from the Restatement (Second) of Torts, which protects against the unauthorized commercial use of a person's name or likeness.: confirm the controlling Kansas appellate citation.
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