How to Register a Trademark in Louisiana (2026)
Reviewed by DocDraft Legal Team · Louisiana · Last updated August 12, 2026
State trademark registration in Louisiana is handled by the Louisiana Secretary of State under La. R.S. 51:211 et seq., which sits inside Louisiana's distinctive civil-law system. A state registration costs $75 per class and lasts ten years, renewable for successive ten-year terms. It protects a mark only within Louisiana, so businesses selling across state lines should register federally with the USPTO instead of, or in addition to, filing in Louisiana. This page covers the Louisiana filing process, the state's Uniform Trade Secrets Act (La. R.S. 51:1431 et seq.), and the Allen Toussaint Legacy Act right of publicity.
How much does a Louisiana state trademark registration cost?
The Louisiana Secretary of State charges $75 for each class of goods or services in your application to register a trademark or service mark under La. R.S. 51:211 et seq. Renewal is also $75 per class. This is separate from, and much cheaper than, the USPTO federal fee of $350 per class, but it protects your mark only inside Louisiana.
How long does a Louisiana trademark registration last?
A Louisiana trademark or service mark registration lasts ten years from the date of registration under La. R.S. 51:216. You can renew it for successive ten-year periods by filing a renewal, with a $75-per-class fee, within the six months before it expires. The Secretary of State mails a renewal reminder to your last known address before the term ends.
Should I register my mark with Louisiana or with the USPTO?
If you sell only within Louisiana, a state registration through the Secretary of State is cheaper at $75 per class and faster. If you sell across state lines or online, register federally with the USPTO for nationwide priority and the ability to use the registered mark symbol. Many Louisiana businesses do both, or rely on common-law rights until they file federally.
Where do I file a Louisiana trademark application?
You file with the Louisiana Secretary of State, Commercial Division, using the Application to Register Trade Name, Trademark, or Service Mark (Form 309). The application requires the mark, the goods or services and their class, and the date the mark was first used in Louisiana. Some parishes require filings to be submitted online through the geauxBIZ portal.
Trademarks in a civil-law state: Louisiana's distinctive framework
Louisiana is the only U.S. state built on a civil-law system derived from French and Spanish law rather than English common law, and that heritage shapes how brand rights work here. Political subdivisions are parishes, not counties, and courts have historically been cautious about recognizing judge-made rights the legislature has not enacted. That caution is why Louisiana had no common-law right of publicity until the legislature acted: the Allen Toussaint Legacy Act (La. R.S. 51:470.1 et seq.), named for the New Orleans musician and effective August 1, 2022, created the state's first statutory right controlling the commercial use of a person's name, voice, image, likeness, and digital replica. Trademark registration itself is statutory too, governed by La. R.S. 51:211 et seq. and administered by the Secretary of State's Commercial Division for a $75-per-class fee and a ten-year renewable term. Louisiana also adopted the Uniform Trade Secrets Act early, by Act 462 of 1981 (La. R.S. 51:1431 et seq.), but with a notable deviation from the uniform text: the Louisiana version does not authorize exemplary or punitive damages for willful misappropriation.
Relevant Laws
Louisiana Trademark Law, La. R.S. 51:211 et seq.
The Louisiana statute governing state registration of trademarks, service marks, and trade names through the Secretary of State, including definitions (51:211), classification (51:220), and the ten-year term (51:216).
Louisiana Secretary of State: Trade Name, Trademark and Service Mark Filing
The Secretary of State's Commercial Division filing instructions and Application to Register (Form 309), with the $75-per-class fee. Certain parishes must file through the geauxBIZ portal.
Louisiana Uniform Trade Secrets Act, La. R.S. 51:1431 et seq.
Louisiana's trade-secret statute, adopted by Act 462 of 1981. It protects confidential business information but, unlike the model act, does not authorize exemplary or punitive damages.
Allen Toussaint Legacy Act (Right of Publicity), La. R.S. 51:470.1 et seq.
Louisiana's right-of-publicity statute, effective August 1, 2022, controlling commercial use of a person's identity, including name, voice, image, likeness, and digital replica, with postmortem rights.
Regional Variances
Louisiana state registration vs. federal vs. common-law rights
Louisiana (Secretary of State, La. R.S. 51:211)
Rights within Louisiana only. $75 per class; ten-year term, renewable in like ten-year periods under La. R.S. 51:216. Filed on Form 309 with the Commercial Division; some parishes file via geauxBIZ.
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, and the registered-mark symbol. $350 per class; ten-year term, renewable. Required in practice for interstate or online commerce that reaches beyond Louisiana.
Common law (use alone)
Rights arise from actual use, limited to the trading area. Free, but narrow and hard to enforce, and Louisiana's civil-law tradition makes courts cautious about unenacted rights.
How Louisiana's related IP statutes differ
Trade secrets: La. R.S. 51:1431 (UTSA, 1981)
Louisiana adopted the Uniform Trade Secrets Act by Act 462 of 1981, but its version does not authorize exemplary or punitive damages, unlike the model act and most states.
Right of publicity: La. R.S. 51:470.1 (2022)
The Allen Toussaint Legacy Act created Louisiana's first statutory right of publicity, effective August 1, 2022, covering identity, likeness, and digital replicas, with heritable postmortem rights.
Civil-law context
Louisiana is the only civil-law U.S. state; subdivisions are parishes, not counties, and brand-related rights tend to be defined by statute rather than judge-made common law.
Suggested Compliance Checklist
Search Louisiana marks and USPTO records
Before filing days after startingCheck the Louisiana Secretary of State Commercial Database and the USPTO Trademark Search for conflicting marks, trade names, and entity names before spending the $75-per-class filing fee.
Confirm use and gather first-use dates
Before filing days after startingLouisiana registration under La. R.S. 51:211 et seq. requires actual use. Record the date of first use anywhere and the date of first use in Louisiana, plus the correct class under La. R.S. 51:220.
Prepare Application to Register (Form 309)
When ready to file days after startingComplete the Secretary of State Form 309 with the mark, class, goods or services, first-use dates, and a specimen showing the mark as used. Sign and verify as required.
File with the Secretary of State and pay per class
When ready to file days after startingSubmit Form 309 to the Commercial Division with $75 per class. Businesses in certain parishes must file online through geauxBIZ rather than by mail.
Calendar the ten-year renewal
Within 6 months before the 10-year expiration days after startingUnder La. R.S. 51:216, renew within the six months before expiration at $75 per class for another ten-year term. Do not rely solely on the Secretary of State's mailed reminder.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Search Louisiana marks and USPTO records | Check the Louisiana Secretary of State Commercial Database and the USPTO Trademark Search for conflicting marks, trade names, and entity names before spending the $75-per-class filing fee. | - | Before filing |
| Confirm use and gather first-use dates | Louisiana registration under La. R.S. 51:211 et seq. requires actual use. Record the date of first use anywhere and the date of first use in Louisiana, plus the correct class under La. R.S. 51:220. | - | Before filing |
| Prepare Application to Register (Form 309) | Complete the Secretary of State Form 309 with the mark, class, goods or services, first-use dates, and a specimen showing the mark as used. Sign and verify as required. | trademark-application | When ready to file |
| File with the Secretary of State and pay per class | Submit Form 309 to the Commercial Division with $75 per class. Businesses in certain parishes must file online through geauxBIZ rather than by mail. | - | When ready to file |
| Calendar the ten-year renewal | Under La. R.S. 51:216, renew within the six months before expiration at $75 per class for another ten-year term. Do not rely solely on the Secretary of State's mailed reminder. | - | Within 6 months before the 10-year expiration |
Frequently Asked Questions
No. A registration with the Louisiana Secretary of State under La. R.S. 51:211 et seq. gives rights only within Louisiana. It does not create nationwide priority and cannot stop use in other states. For protection beyond Louisiana, you need a federal registration from the USPTO, which grants nationwide rights and the registered-mark symbol.
Yes. Louisiana adopted the Uniform Trade Secrets Act by Act 462 of 1981, codified at La. R.S. 51:1431 et seq. It protects confidential business information such as formulas, methods, and customer data. One Louisiana-specific quirk: unlike the model act and many states, the Louisiana version does not allow exemplary or punitive damages for willful and malicious misappropriation.
The Allen Toussaint Legacy Act, La. R.S. 51:470.1 et seq., effective August 1, 2022, is Louisiana's right-of-publicity statute. It gives every individual a property right in the commercial use of their identity, including name, voice, image, likeness, and digital replica, and the right is heritable and survives death for a set period. Before this act, Louisiana had no common-law right of publicity.
Under La. R.S. 51:211, a trade name identifies your business itself, while a trademark or service mark identifies your goods or services and distinguishes them from others. You register all three on the same Secretary of State Form 309. A trade name filing is not a substitute for a trademark if your goal is to protect a brand used on products or services.
Louisiana registration under La. R.S. 51:211 et seq. is generally based on actual use in the state, so you cannot register a mark you have not yet used. The Secretary of State does allow reservation of trade names, trademarks, and service marks under La. R.S. 51:213. For a true intent-to-use filing before any sales, the federal USPTO system (Section 1(b)) is the better route.
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