How to Register a Trademark in Nebraska (2026)
Reviewed by DocDraft Legal Team · Nebraska · Last updated August 12, 2026
Trademark protection in Nebraska comes in two layers. Nationwide rights come from federal registration with the USPTO under the Lanham Act, while a Nebraska state registration through the Secretary of State protects a mark used inside Nebraska under the Trademark Registration Act, Neb. Rev. Stat. 87-126 et seq. A Nebraska registration costs a flat $110 by paper or $100 online, covers all classes named on the one application, and stays effective for ten years with unlimited ten-year renewals. State registration suits businesses operating only within Nebraska; anyone selling across state lines or online should register federally instead.
How much does it cost to register a trademark in Nebraska?
The Nebraska Secretary of State charges a flat application fee of $110 if you file on paper and $100 if you file electronically, under Neb. Rev. Stat. 87-130. Unlike the USPTO, Nebraska does not add a separate per-class fee, so one application fee covers every class of goods or services you list.
How long does a Nebraska trademark registration last?
A Nebraska registration is effective for ten years from the date of registration under Neb. Rev. Stat. 87-133. You may renew it for successive ten-year terms by filing a renewal within the six months before expiration. The renewal fee matches the filing fee at $110 by paper or $100 online.
Should I register my trademark with Nebraska or the USPTO?
A Nebraska registration only protects your mark inside Nebraska, so it fits a purely local business. If you sell across state lines or online, register federally with the USPTO for nationwide priority, the right to use the registered mark symbol, and federal-court enforcement. Many owners do both or rely on common-law use rights first.
What law governs trademark registration in Nebraska?
State registration is governed by the Trademark Registration Act at Neb. Rev. Stat. 87-126 et seq., administered by the Nebraska Secretary of State, Business Services Division. The Act sets the application requirements, the ten-year term, renewal rules, and remedies for infringement of a state-registered mark used within Nebraska.
Nebraska's flat-fee, one-application system under the Trademark Registration Act
Nebraska registers marks under its Trademark Registration Act, codified at Neb. Rev. Stat. 87-126 through 87-144 and administered by the Secretary of State's Business Services Division in Lincoln. A distinctive quirk sets Nebraska apart from the federal system: it charges a single flat fee rather than a per-class fee. One application costs $110 filed in writing or $100 filed electronically under Neb. Rev. Stat. 87-130, and that single fee covers all classes of goods or services named on the form, so a multi-class Nebraska filing costs far less than the equivalent USPTO filing at $350 per class. Applicants must submit three specimens showing the mark as actually used in Nebraska. A registration is effective for ten years and renewable for successive ten-year terms under Neb. Rev. Stat. 87-133, with renewals filed in the six-month window before expiration. Separately, Nebraska protects a person's name, picture, portrait, or personality from unauthorized commercial exploitation through a statutory right of publicity in Neb. Rev. Stat. 20-202.
Relevant Laws
Nebraska Trademark Registration Act, Neb. Rev. Stat. 87-126 et seq.
The state statute governing registration of trademarks and service marks with the Secretary of State, including the flat $110/$100 fee (87-130) and the ten-year renewable term (87-133).
Nebraska Secretary of State, Business Services (trademark filing office)
The office that reviews and issues Nebraska trademark and service mark registrations and publishes the application form and current filing fees.
Nebraska Trade Secrets Act, Neb. Rev. Stat. 87-501 through 87-507
Nebraska's version of the Uniform Trade Secrets Act, with a narrowed definition of trade secret and a four-year limitations period for misappropriation claims.
Nebraska right of publicity, Neb. Rev. Stat. 20-202
Statute making unauthorized commercial exploitation of a person's name, picture, portrait, or personality an invasion of privacy, with exemptions for bona fide news and noncommercial uses.
Regional Variances
Nebraska state registration vs. federal and common-law protection
Nebraska (Secretary of State)
Trademark Registration Act, Neb. Rev. Stat. 87-126 et seq. Flat $110 paper / $100 online fee covering all classes on one application, not per class. Effective ten years, renewable for successive ten-year terms (87-133). Protects the mark only within Nebraska.
Federal (USPTO)
Lanham Act, 15 U.S.C. 1051 et seq. $350 per class of goods or services. Nationwide priority, presumption of ownership, the registered mark symbol, and federal-court enforcement. Lasts ten years, renewable indefinitely with Section 8 and 9 filings.
Common law (use in Nebraska)
Rights arise from actual use of the mark in a trading area, with no filing and no fee. Enforceable but limited to the geographic area of use, harder to prove, and without the registered mark symbol.
Related Nebraska intellectual property and personality laws
Trade secrets
Nebraska Trade Secrets Act, Neb. Rev. Stat. 87-501 to 87-507, based on the Uniform Trade Secrets Act but with a narrowed definition of trade secret and a four-year limitations period.
Right of publicity
Neb. Rev. Stat. 20-202 treats unauthorized commercial use of a person's name or likeness as an invasion of privacy, subject to news and noncommercial exemptions.
Nebraska trade names
A trade name is registered separately from a trademark under the Trade Name Registration Act (Neb. Rev. Stat. 87-208 et seq.); it identifies a business rather than branding specific goods or services.
Suggested Compliance Checklist
Search Nebraska and USPTO records for conflicts
Before filing days after startingCheck Nebraska Secretary of State business and trademark records for conflicting marks used in Nebraska, then search the USPTO Trademark Search database for federal marks on related goods or services.
Confirm use and gather three specimens
Before filing days after startingVerify the mark is actually in use in Nebraska and collect three specimens showing the mark on goods, packaging, or in the sale of services, as the state application requires three examples of actual use.
Complete the Trademark and Service Mark Application
When ready to file days after startingPrepare the Secretary of State application with owner details, a description or drawing of the mark, the goods or services and classes, and the first-use date in Nebraska.
File with the Secretary of State and pay the flat fee
When ready to file days after startingSubmit the application to the Nebraska Secretary of State, Business Services Division, with the flat fee of $110 by paper or $100 electronically under Neb. Rev. Stat. 87-130. One fee covers all listed classes.
Calendar the ten-year renewal window
Within 6 months before the 10-year expiration days after startingTrack the ten-year term under Neb. Rev. Stat. 87-133 and file the renewal within the six months before expiration, paying $110 by paper or $100 online to extend protection another ten years.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Search Nebraska and USPTO records for conflicts | Check Nebraska Secretary of State business and trademark records for conflicting marks used in Nebraska, then search the USPTO Trademark Search database for federal marks on related goods or services. | - | Before filing |
| Confirm use and gather three specimens | Verify the mark is actually in use in Nebraska and collect three specimens showing the mark on goods, packaging, or in the sale of services, as the state application requires three examples of actual use. | - | Before filing |
| Complete the Trademark and Service Mark Application | Prepare the Secretary of State application with owner details, a description or drawing of the mark, the goods or services and classes, and the first-use date in Nebraska. | trademark-application | When ready to file |
| File with the Secretary of State and pay the flat fee | Submit the application to the Nebraska Secretary of State, Business Services Division, with the flat fee of $110 by paper or $100 electronically under Neb. Rev. Stat. 87-130. One fee covers all listed classes. | - | When ready to file |
| Calendar the ten-year renewal window | Track the ten-year term under Neb. Rev. Stat. 87-133 and file the renewal within the six months before expiration, paying $110 by paper or $100 online to extend protection another ten years. | - | Within 6 months before the 10-year expiration |
Frequently Asked Questions
No. Nebraska charges a single flat application fee of $110 on paper or $100 electronically under Neb. Rev. Stat. 87-130, regardless of how many classes you list on the one application. This differs sharply from the USPTO, which charges $350 for each separate class of goods or services in a federal application.
No. A registration under the Nebraska Trademark Registration Act only gives you rights within Nebraska. It cannot stop use of a similar mark in other states. For protection beyond Nebraska you need a federal registration with the USPTO, which grants nationwide priority, or you must rely on common-law rights limited to your actual trading area.
File a renewal with the Secretary of State within the six months before your registration expires, under Neb. Rev. Stat. 87-133. The renewal fee is $110 for a written filing or $100 for an electronic filing. Each renewal extends protection for another ten years, and you may renew for successive ten-year periods without limit.
Yes, in part. Nebraska's Trade Secrets Act at Neb. Rev. Stat. 87-501 through 87-507 is based on the Uniform Trade Secrets Act, but Nebraska narrowed the uniform definition of a trade secret by dropping words like generally and readily. The Act carries a four-year limitations period for misappropriation claims.
Yes. Neb. Rev. Stat. 20-202 makes it an invasion of privacy to exploit a natural person's name, picture, portrait, or personality for advertising or commercial purposes without consent. The statute exempts bona fide news reports and noncommercial uses of current or historical public interest. This right can protect a personal name that also functions as a brand.
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