How to Register a Trademark in Massachusetts (2026)
Reviewed by DocDraft Legal Team · Massachusetts · Last updated August 12, 2026
Trademark protection is mainly federal, but Massachusetts offers its own registration through the Secretary of the Commonwealth's Corporations Division under M.G.L. Chapter 110H, the Registration and Protection of Trademarks statute that took effect on October 29, 2006. A Massachusetts registration costs $50 per class and lasts five years, one of the shorter state terms, but it only protects a mark used within the Commonwealth. It is a low-cost supplement for locally focused businesses, not a substitute for a USPTO filing. Massachusetts also protects trade secrets under its 2018 Uniform Trade Secrets Act and guards a person's name and likeness under M.G.L. c. 214, s. 3A.
How much does it cost to register a trademark in Massachusetts?
The Secretary of the Commonwealth charges $50 per class of goods or services to register a trademark or service mark under M.G.L. c. 110H. The same $50-per-class fee applies to renewals and assignments. Filing the paperwork by facsimile is slightly cheaper at $45 per class. These state fees are far lower than the USPTO's $350-per-class federal fee.
How long does a Massachusetts state trademark last?
A Massachusetts registration is effective for five years from the date of registration, one of the shorter terms among the states. You can renew it for successive five-year terms by filing a renewal application with the Corporations Division, again at $50 per class, within the six months before the current term expires. Federal registrations, by contrast, run ten years per term.
Should I register my mark with Massachusetts or the USPTO?
If you sell across state lines or online, choose federal registration with the USPTO for nationwide priority. Massachusetts registration under Chapter 110H only protects a mark actually used within the Commonwealth, so it best suits a purely local business, such as a Boston restaurant or a regional service provider that will not expand beyond state lines soon.
Where do I file a Massachusetts trademark application?
File with the Secretary of the Commonwealth's Corporations Division, which administers Chapter 110H from One Ashburton Place in Boston. You must already be using the mark in Massachusetts before applying, unlike the USPTO, which allows intent-to-use filings. The Division provides the official application form and publishes its rules in 950 CMR 62.00 through 64.00.
Chapter 110H and the Corporations Division's trademark role
Massachusetts overhauled its trademark law with M.G.L. Chapter 110H, the Registration and Protection of Trademarks act, which took effect on October 29, 2006 and replaced the older Chapter 110B provisions. The statute is administered by the Secretary of the Commonwealth through the Corporations Division, the same office in Boston that handles corporate filings, and its practices are spelled out in regulations at 950 CMR 62.00, 63.00, and 64.00. A distinctive feature of the Massachusetts scheme is its five-year registration term, shorter than the ten years many states and the USPTO use, which means Commonwealth registrants must diary their renewals more often. Chapter 110H also mirrors federal law by allowing registration to be based only on a mark already in actual use in Massachusetts, so there is no intent-to-use pathway at the state level. Registration provides prima facie evidence of the registrant's ownership and exclusive right to use the mark in the Commonwealth, and the statute includes an anti-dilution provision for marks that are famous in Massachusetts.
Relevant Laws
M.G.L. Chapter 110H, Registration and Protection of Trademarks
The Massachusetts state trademark statute, effective October 29, 2006, governing state registration, the five-year term, renewal, and enforcement of marks used within the Commonwealth.
Secretary of the Commonwealth, Corporations Division: Trademarks and Service Marks
The official state filing office for Chapter 110H trademark registrations, with the application form, the $50-per-class fee, and the 950 CMR 62 through 64 procedural rules.
Massachusetts Uniform Trade Secrets Act, M.G.L. c. 93, ss. 42-42G
The Commonwealth's trade-secret statute, effective October 1, 2018, defining trade secrets and providing injunctions, damages, and a three-year limitations period for misappropriation.
Right of privacy in name and likeness, M.G.L. c. 214, s. 3A
Massachusetts statute barring the unauthorized use of a living person's name, portrait, or likeness for advertising or trade purposes without written consent, with injunctive and damages remedies.
Regional Variances
Massachusetts Chapter 110H registration vs. federal USPTO registration
Massachusetts (Secretary of the Commonwealth)
Registration under M.G.L. c. 110H costs $50 per class and lasts only five years, renewable. Protects a mark used within Massachusetts and requires actual use at filing, with no intent-to-use basis.
Federal (USPTO)
Registration under the Lanham Act costs $350 per class and lasts ten years, renewable indefinitely. Gives nationwide priority, the presumption of ownership, and the right to use the registered mark symbol.
Common law (use alone)
Rights arise automatically from using a mark in a given Massachusetts trading area, with no filing or fee. Limited to that actual market area and harder to enforce than a Chapter 110H or federal registration.
Related Massachusetts business-IP protections
Trade secrets (M.G.L. c. 93, ss. 42-42G)
Massachusetts adopted the Uniform Trade Secrets Act effective October 1, 2018, providing a standard trade-secret definition, injunctions, damages, and a three-year limitations period.
Name and likeness (M.G.L. c. 214, s. 3A)
A statutory privacy right barring unauthorized commercial use of a living person's name, portrait, or likeness without written consent, enforceable by injunction and damages.
State anti-dilution (within Chapter 110H)
Chapter 110H includes an anti-dilution provision letting owners of marks famous in Massachusetts stop uses that dilute the mark's distinctiveness, even absent direct competition or confusion.
Suggested Compliance Checklist
Confirm actual use in Massachusetts
Before filing days after startingVerify the mark is already in use on goods or services within Massachusetts and record the date of first use in the Commonwealth, since Chapter 110H has no intent-to-use basis.
Clear the mark and classify goods/services
Before filing days after startingSearch the Corporations Division database and USPTO records for conflicts, then assign your goods or services to Nice classes. The $50 fee is charged per class.
Complete the Chapter 110H application and specimens
When ready to file days after startingFill out the Secretary of the Commonwealth's Trademark or Service Mark Application with a mark description, classes, dates of first use, and a verified statement, and gather three specimens.
File with the Corporations Division and pay the fee
When ready to file days after startingSubmit the application and specimens to the Corporations Division at One Ashburton Place in Boston with the $50-per-class fee, or $45 per class by facsimile.
Calendar the five-year renewal deadline
Within 6 months before the term expires days after startingBecause a Massachusetts registration lasts only five years, diary the renewal and file the renewal application at $50 per class before the term ends to avoid a lapse.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use in Massachusetts | Verify the mark is already in use on goods or services within Massachusetts and record the date of first use in the Commonwealth, since Chapter 110H has no intent-to-use basis. | - | Before filing |
| Clear the mark and classify goods/services | Search the Corporations Division database and USPTO records for conflicts, then assign your goods or services to Nice classes. The $50 fee is charged per class. | - | Before filing |
| Complete the Chapter 110H application and specimens | Fill out the Secretary of the Commonwealth's Trademark or Service Mark Application with a mark description, classes, dates of first use, and a verified statement, and gather three specimens. | trademark-application | When ready to file |
| File with the Corporations Division and pay the fee | Submit the application and specimens to the Corporations Division at One Ashburton Place in Boston with the $50-per-class fee, or $45 per class by facsimile. | - | When ready to file |
| Calendar the five-year renewal deadline | Because a Massachusetts registration lasts only five years, diary the renewal and file the renewal application at $50 per class before the term ends to avoid a lapse. | - | Within 6 months before the term expires |
Frequently Asked Questions
No. A Chapter 110H registration only covers use of the mark within Massachusetts and gives you no rights in other states. For protection beyond the Commonwealth you need a federal registration with the USPTO, which confers nationwide priority. Many Massachusetts businesses register at the state level first, then file federally once they expand.
No. Unlike the USPTO's Section 1(b) intent-to-use basis, Chapter 110H requires that the mark already be in actual use in Massachusetts when you apply. You must report the date of first use in the Commonwealth and submit specimens showing the mark in real use on your goods or in connection with your services.
Yes, but relatively late. Massachusetts enacted its version of the Uniform Trade Secrets Act, codified at M.G.L. c. 93, ss. 42 to 42G, effective October 1, 2018. Before that the Commonwealth relied on an older common-law and statutory framework. The 2018 law standardized the definition of a trade secret and the remedies, including injunctions and damages, for misappropriation.
Yes. M.G.L. c. 214, s. 3A prohibits the unauthorized use of a living person's name, portrait, or likeness for advertising or trade purposes without written consent. A person whose name or likeness is used without consent may sue to stop the use and recover damages. It is a statutory privacy right rather than a pure commercial right of publicity.
File a renewal application with the Corporations Division within the six months before your five-year term ends, paying $50 per class. Because the Massachusetts term is only five years, renewals come around twice as often as they would for a ten-year federal registration, so keep the expiration date on a compliance calendar to avoid a lapse.
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