How to Register a Trademark in Kentucky (2026)
Reviewed by DocDraft Legal Team · Kentucky · Last updated August 12, 2026
Trademark registration in Kentucky is handled by the Secretary of State under the state's Model State Trademark Act, KRS 365.560 to 365.581. A Kentucky registration costs $10 per class and protects a mark used within the Commonwealth for a renewable 5-year term. State registration is far cheaper and faster than federal filing, but it only reaches use inside Kentucky. Businesses that sell across state lines or online should register federally with the USPTO, while a Kentucky filing suits marks used only locally.
How much does it cost to register a trademark in Kentucky?
The Kentucky Secretary of State charges $10 per class of goods or services for a trademark or service mark application under KRS 365.560 et seq. Renewal is even cheaper at $5 per class. Kentucky is one of the least expensive states in which to register a mark, though the protection reaches only inside the Commonwealth.
How long does a Kentucky trademark registration last?
A Kentucky registration is effective for 5 years from the date of registration under KRS 365.581. It is renewable for additional 5-year terms with no cap on renewals. The Secretary of State mails a renewal notice roughly 6 months before expiration, and a mark not renewed on time is cancelled.
Should I register my mark with Kentucky or the USPTO?
A Kentucky registration only protects use within the Commonwealth, so it best fits a purely local business. If you sell across state lines or online, federal registration with the USPTO gives nationwide priority, the presumption of ownership, and the ® symbol. Many Kentucky owners rely on common-law rights until they file federally.
Where do I file a Kentucky trademark application?
You file with the Trademarks Division of the Kentucky Secretary of State, which administers registration under KRS 365.560 et seq. and 30 KAR 3:010. You submit the Trademark/Service Mark application with a specimen showing actual use in Kentucky and the $10-per-class fee. The office also runs an online trademark search of existing state records.
Kentucky's Model State Trademark Act and its unusually low fee
Kentucky registers trademarks under the Model State Trademark Act, codified at KRS 365.560 to 365.581, which tracks the framework the International Trademark Association drafted for states so state and federal classification stay aligned. What makes Kentucky stand out is cost: at $10 per class to register and just $5 per class to renew, it is among the cheapest state registrations in the country, a fraction of the $350-per-class USPTO fee. Filing requires actual use of the mark in Kentucky, not merely an intent to use, and applicants submit a specimen with the application to the Trademarks Division of the Secretary of State. Registration lasts 5 years and is renewable for further 5-year terms under KRS 365.581, with the office mailing a courtesy renewal notice about 6 months before the term ends. The mechanics are set out in the administrative regulations 30 KAR 3:010 (registration) and 30 KAR 3:020 (renewal).
Relevant Laws
Kentucky Model State Trademark Act, KRS 365.560 to 365.581
The Kentucky statute governing state trademark and service mark registration, including application (KRS 365.571) and the 5-year renewable term (KRS 365.581).
Kentucky Secretary of State - Trademarks and Service Marks
The official filing office for Kentucky trademark registration. Provides the Trademark/Service Mark application, the online search, and the $10-per-class fee schedule.
Kentucky Uniform Trade Secrets Act, KRS 365.880 to 365.900
Kentucky's adoption of the Uniform Trade Secrets Act, providing injunctive relief and damages for misappropriation of trade secrets. Definitions appear at KRS 365.880.
Kentucky Right of Publicity, KRS 391.170
Commercial rights to the use of names and likenesses of public figures, protected for 50 years after death without estate consent. Enacted in 1984.
Regional Variances
Kentucky state registration vs. federal registration
Kentucky Secretary of State (KRS 365.560 et seq.)
Protection only within Kentucky. $10 per class to register, $5 per class to renew, 5-year renewable term. Requires actual use in the Commonwealth plus a specimen; no intent-to-use option.
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, and the ® symbol. $350 per class, 10-year renewable term, and an intent-to-use filing basis is available before use begins.
Common law (use alone)
Rights arise automatically from use in Kentucky, limited to the actual trading area. Free, but hardest to enforce and no ® symbol or registration certificate.
Related Kentucky intellectual-property statutes
Trade secrets (KRS 365.880 to 365.900)
Kentucky adopted the Uniform Trade Secrets Act. Businesses can seek injunctions and damages for misappropriation of confidential information with independent economic value.
Right of publicity (KRS 391.170)
Public figures hold commercial rights in name and likeness for 50 years after death. Written estate consent is required to use them for commercial profit.
Renewal procedure (30 KAR 3:020)
The administrative regulation for renewing a Kentucky mark. The Secretary of State mails a notice about 6 months before the 5-year term expires; unrenewed marks are cancelled.
Suggested Compliance Checklist
Confirm actual use of the mark in Kentucky
Before filing days after startingKentucky registers only marks already in use in the Commonwealth under KRS 365.571. Verify you are selling goods or offering services under the mark and can produce a specimen of that use.
Search Kentucky and USPTO trademark records
Before filing days after startingRun the Kentucky Secretary of State online trademark search and the USPTO Trademark Search database for confusingly similar marks on related goods or services.
Prepare the Kentucky Trademark/Service Mark application
When ready to file days after startingComplete the Secretary of State application under 30 KAR 3:010 with the owner name, mark, goods or services, class list, first-use date, and a specimen showing the mark in use.
File with the Secretary of State and pay $10 per class
When ready to file days after startingSubmit the application and specimen to the Trademarks Division with the $10-per-class fee. The certificate is effective for 5 years from registration under KRS 365.581.
Calendar the 5-year renewal
Year 5 (renewal notice at ~4.5 years) days after startingFile the Trademark/Service Mark Renewal application under 30 KAR 3:020 with the $5-per-class fee to extend the mark another 5 years. A mark not renewed on time is cancelled.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Kentucky | Kentucky registers only marks already in use in the Commonwealth under KRS 365.571. Verify you are selling goods or offering services under the mark and can produce a specimen of that use. | - | Before filing |
| Search Kentucky and USPTO trademark records | Run the Kentucky Secretary of State online trademark search and the USPTO Trademark Search database for confusingly similar marks on related goods or services. | - | Before filing |
| Prepare the Kentucky Trademark/Service Mark application | Complete the Secretary of State application under 30 KAR 3:010 with the owner name, mark, goods or services, class list, first-use date, and a specimen showing the mark in use. | trademark-application | When ready to file |
| File with the Secretary of State and pay $10 per class | Submit the application and specimen to the Trademarks Division with the $10-per-class fee. The certificate is effective for 5 years from registration under KRS 365.581. | - | When ready to file |
| Calendar the 5-year renewal | File the Trademark/Service Mark Renewal application under 30 KAR 3:020 with the $5-per-class fee to extend the mark another 5 years. A mark not renewed on time is cancelled. | - | Year 5 (renewal notice at ~4.5 years) |
Frequently Asked Questions
Kentucky's Model State Trademark Act, codified at KRS 365.560 to 365.581, governs state trademark and service mark registration. KRS 365.571 covers the application, and KRS 365.581 sets the 5-year term and renewal. The Secretary of State's administrative regulations 30 KAR 3:010 and 30 KAR 3:020 spell out the registration and renewal procedures.
No. A Kentucky registration only reaches use of the mark within the Commonwealth. It gives you no nationwide priority and cannot stop use in other states. For protection beyond Kentucky you need a federal registration with the USPTO under the Lanham Act, which provides nationwide rights and the ® symbol.
Yes. Kentucky adopted the Uniform Trade Secrets Act, codified as the Kentucky Uniform Trade Secrets Act at KRS 365.880 to 365.900, with definitions at KRS 365.880. It lets a business seek injunctions and damages for misappropriation of information that has independent economic value from being secret and is protected by reasonable efforts to keep it confidential.
Yes. KRS 391.170, enacted in 1984, gives public figures commercial rights in their name and likeness. The statute bars using a public figure's name or likeness for commercial profit for 50 years after death without written consent of the estate's executor or administrator, recognizing a right of publicity that survives death.
No. Unlike the federal system, Kentucky requires the mark to be in actual use in the Commonwealth before you register, and you must submit a specimen of that use. If you have not started using the mark yet, consider a federal intent-to-use application with the USPTO, which reserves a priority date before use begins.
Other Kentucky guides
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