How to Register a Trademark in Minnesota (2026)
Reviewed by DocDraft Legal Team · Minnesota · Last updated August 12, 2026
Trademark protection in Minnesota comes in two layers. A federal registration through the USPTO gives nationwide rights, while a state registration through the Minnesota Secretary of State under Minnesota Statutes Chapter 333 protects a mark used within Minnesota. The state filing fee is $50 per class by mail (or $70 for expedited in-person and online filing), and a Minnesota registration lasts 10 years and is renewable for additional 10-year terms. State registration is a practical, low-cost option for businesses whose customers and use are concentrated inside Minnesota.
How do I register a trademark in Minnesota at the state level?
File a Trademark or Service Mark Application with the Minnesota Secretary of State under Minnesota Statutes Chapter 333. You must already be using the mark in Minnesota, identify the class of goods or services, and submit a specimen showing the mark in use. A separate application and fee is required for each class you claim.
How much does a Minnesota trademark registration cost?
The Minnesota Secretary of State charges $50 per class if you file by mail, or $70 per class for expedited in-person and online filing, under Minn. Stat. 333.20. Because the fee is charged per class, a mark covering two classes of goods or services costs twice as much. Renewal later costs $25 per class.
How long does a Minnesota trademark registration last?
A Minnesota registration lasts 10 years from the date of registration and can be renewed for additional 10-year terms under Minn. Stat. 333.22. Renewal applications are filed within the six months before the term expires, cost $25, and require that the mark is still in use with no intervening rights. The Secretary of State sends a renewal notice roughly six months out.
Should I register in Minnesota or with the USPTO?
If you sell across state lines or online, federal registration with the USPTO ($350 per class) gives nationwide priority and is usually the better choice. A Minnesota registration protects only within the state but is far cheaper and faster, so it suits businesses whose use is concentrated in Minnesota. Many owners hold both.
Minnesota trademark law: Chapter 333 and a common-law right of publicity
Minnesota registers trademarks and service marks through the Secretary of State under Minnesota Statutes Chapter 333 (Trade Names, Marks, and Insignia), with the substantive registration provisions running from sections 333.18 through 333.31. A key feature is that a mark must already be in use in Minnesota before you can register it. Minnesota does not offer an intent-to-use track like the federal system, so the state form asks for the date of first use and a specimen. Separately, Minnesota has no right-of-publicity statute. Instead, the Minnesota Supreme Court recognized the common-law tort of appropriation of a person's name or likeness in Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231 (Minn. 1998), which first adopted the invasion-of-privacy torts in Minnesota. Federal courts applying Minnesota law have read that decision to support a distinct right of publicity at common law, so protection for a person's identity here rests on case law rather than a specific statute.
Relevant Laws
Minnesota Statutes Chapter 333 (Trade Names, Marks, and Insignia)
The Minnesota trademark statute. The registration provisions in sections 333.18 to 333.31 govern who may register, the $50-per-class filing fee (Minn. Stat. 333.20), and the 10-year renewable term (Minn. Stat. 333.22).
Minnesota Secretary of State: How to register trademarks and service marks
The official state filing office page. Provides the Trademark or Service Mark Application form, the per-class fee ($50 by mail, $70 expedited online or in person), the class list, and use and specimen requirements.
Minnesota Uniform Trade Secrets Act, Minn. Stat. 325C.01 to 325C.08
Minnesota's adoption of the Uniform Trade Secrets Act, covering the definition of a trade secret, misappropriation, injunctive relief, damages and exemplary damages, attorney fees, and a three-year limitations period.
Lanham Act (Trademark Act of 1946), 15 U.S.C. 1051 et seq.
The federal trademark statute administered by the USPTO. Federal registration gives nationwide rights that a Minnesota state registration cannot, and is the route for businesses selling across state lines or online.
Regional Variances
Minnesota trademark registration compared to federal and common law
Minnesota (Secretary of State, Minn. Stat. Ch. 333)
Protection within Minnesota only. $50 per class by mail (or $70 expedited); 10-year term renewable for successive 10-year terms at $25. Requires actual use in Minnesota before filing. No intent-to-use option.
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, and the right to use the registered symbol. $350 per class; 10-year term with Section 8 and 9 maintenance filings. Allows intent-to-use applications, which Minnesota does not.
Common law (use alone)
Rights arise automatically from use, limited to the actual Minnesota trading area. Free, but hardest to enforce and no registration certificate to rely on in a dispute.
Related Minnesota business-identity protections
Trade secrets (Minn. Stat. 325C)
Minnesota adopted the Uniform Trade Secrets Act (Minn. Stat. 325C.01 to 325C.08), allowing injunctions, damages, and exemplary damages plus attorney fees for willful and malicious misappropriation. Three-year limitations period.
Right of publicity (common law)
No Minnesota statute. Unauthorized commercial use of a person's name or likeness is addressed through the common-law appropriation tort recognized in Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231 (Minn. 1998).
Suggested Compliance Checklist
Confirm actual use in Minnesota and gather a specimen
Before filing days after startingMinnesota registration requires existing use in the state with no intent-to-use option. Establish your date of first use in Minnesota and collect a specimen (label, tag, packaging, or advertising) showing the mark as actually used.
Search Minnesota and federal records
Before filing days after startingCheck the Minnesota Secretary of State records and the USPTO Trademark Search for confusingly similar marks on related goods or services. Prior rights can create intervening rights that block or later cancel your state registration.
Assign the correct class and scope the fee
Before filing days after startingMap your goods or services to the Secretary of State class list. The state fee is charged per class ($50 by mail or $70 expedited), so the number of classes claimed drives your total cost.
File the Minnesota Trademark or Service Mark Application
When using the mark days after startingSubmit the Secretary of State application with the owner details, mark, class, description, date of first use, and specimen, plus the per-class fee under Minn. Stat. 333.20. File a separate application and fee for each class.
Calendar the 10-year renewal
Within 6 months before expiration days after startingUnder Minn. Stat. 333.22, file the $25 renewal within the six months before the 10-year term expires, confirming continued use and no intervening rights. Watch for the Secretary of State renewal notice about six months out.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use in Minnesota and gather a specimen | Minnesota registration requires existing use in the state with no intent-to-use option. Establish your date of first use in Minnesota and collect a specimen (label, tag, packaging, or advertising) showing the mark as actually used. | - | Before filing |
| Search Minnesota and federal records | Check the Minnesota Secretary of State records and the USPTO Trademark Search for confusingly similar marks on related goods or services. Prior rights can create intervening rights that block or later cancel your state registration. | - | Before filing |
| Assign the correct class and scope the fee | Map your goods or services to the Secretary of State class list. The state fee is charged per class ($50 by mail or $70 expedited), so the number of classes claimed drives your total cost. | - | Before filing |
| File the Minnesota Trademark or Service Mark Application | Submit the Secretary of State application with the owner details, mark, class, description, date of first use, and specimen, plus the per-class fee under Minn. Stat. 333.20. File a separate application and fee for each class. | trademark-application | When using the mark |
| Calendar the 10-year renewal | Under Minn. Stat. 333.22, file the $25 renewal within the six months before the 10-year term expires, confirming continued use and no intervening rights. Watch for the Secretary of State renewal notice about six months out. | - | Within 6 months before expiration |
Frequently Asked Questions
No. A registration through the Minnesota Secretary of State under Chapter 333 gives rights only within Minnesota. It does not stop use in other states and carries no nationwide priority. For protection beyond Minnesota, you need a federal registration with the USPTO or you rely on the limited common-law rights that arise from your actual use.
No. Minnesota requires that the mark already be in use in the state before you register, and the application asks for the date of first use plus a specimen. Unlike the federal system, there is no Section 1(b) intent-to-use basis at the state level, so you cannot reserve a Minnesota mark before you begin using it.
Yes. Minnesota adopted the Uniform Trade Secrets Act, codified at Minn. Stat. 325C.01 to 325C.08. It defines a trade secret and misappropriation, allows injunctions and damages including for unjust enrichment, and can award exemplary damages and attorney fees for willful and malicious misappropriation. Actions must generally be brought within three years of discovery.
No. Minnesota has no right-of-publicity statute. Protection for the unauthorized commercial use of a person's name or likeness comes from the common-law tort of appropriation, which the Minnesota Supreme Court recognized in Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231 (Minn. 1998). Federal courts applying Minnesota law have read that case to support a distinct right of publicity.
Under Minn. Stat. 333.22, you file a renewal application within the six months before your 10-year term expires, pay $25, and confirm that the mark is still in use with no intervening rights. Renewal extends the registration for another 10-year term, and you can keep renewing for successive terms as long as you keep using the mark.
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