How to Register a Trademark in New Hampshire (2026)
Reviewed by DocDraft Legal Team · New Hampshire · Last updated August 12, 2026
Trademark protection is primarily federal through the U.S. Patent and Trademark Office, but New Hampshire also lets you register a mark used inside the state through the Secretary of State's Corporation Division. State registration is governed by the New Hampshire Model State Trademark Act, RSA 350-A, and costs $50 per application plus a $2 electronic filing convenience fee. A New Hampshire registration lasts 10 years, is renewable for successive 10-year terms, and under RSA 350-A:13 is a prerequisite for bringing a state-court infringement action. It covers only use within New Hampshire, so businesses selling across state lines or online usually pair it with a federal filing.
How much does it cost to register a trademark in New Hampshire?
The New Hampshire Secretary of State charges a $50 application fee per mark, plus a $2 electronic filing convenience fee when you file online. Each application covers a single class of goods or services, so registering one mark in two classes means two separate $50 applications. Renewal is also $50.
Does a New Hampshire trademark registration replace a federal USPTO registration?
No. A registration with the New Hampshire Secretary of State under RSA 350-A protects your mark only within New Hampshire. It cannot give you nationwide priority or the right to use the federal registration symbol. If you sell across state lines or online, you still need a federal USPTO registration for broad protection.
How long does a New Hampshire trademark registration last?
Under RSA 350-A:5, a New Hampshire mark registration is effective for 10 years from the date of registration and may be renewed for successive 10-year periods. A renewal application, with a $50 fee, may be filed within the six months before the registration expires to keep the mark protected.
Where do I file a state trademark application in New Hampshire?
You file with the New Hampshire Secretary of State's Corporation Division, which can be done online. A trademark specialist checks your mark against existing registered marks and active New Hampshire business names, and if it clears, the office issues a Certificate of Registered Trademark within a few business days.
New Hampshire's Model State Trademark Act and the one-class rule
New Hampshire registers marks under the Model State Trademark Act, codified at RSA 350-A, the uniform framework several states adopted to mirror federal trademark concepts at the state level. Two features stand out. First, New Hampshire uses a strict one-class-per-registration approach: unlike the USPTO, where a single application can cover multiple international classes, each New Hampshire application and its $50 fee covers only one class, so a multi-class brand files and pays separately for each. Second, RSA 350-A:13 makes state registration a practical gatekeeper, because a registered mark is a necessary element when a business sues in New Hampshire state court for infringement and damages. The Corporation Division reviews each filing against existing registered marks and active New Hampshire business names before issuing a Certificate of Registered Trademark, and assignments of a registered mark are recorded under RSA 350-A:6 on Form TM-7. The whole process is deliberately low cost and fast, often completed within a few business days.
Relevant Laws
New Hampshire Model State Trademark Act, RSA 350-A
The state statute governing registration, duration, renewal, assignment, and infringement of marks in New Hampshire. RSA 350-A:5 sets the 10-year renewable term and RSA 350-A:13 makes registration a required element of a state-court infringement action.
New Hampshire Secretary of State, Trademark and Service Mark Forms and Laws
The Corporation Division page for state trademark and service mark registration. The application fee is $50 plus a $2 electronic filing convenience fee, one class per application, with certificates issued within a few business days.
New Hampshire Uniform Trade Secrets Act, RSA 350-B
New Hampshire's adoption of the Uniform Trade Secrets Act (RSA 350-B:1 to 350-B:9), protecting trade secrets from misappropriation with a three-year statute of limitations and displacing conflicting common-law remedies.
Lanham Act (Trademark Act of 1946), 15 U.S.C. §1051 et seq.
The federal statute governing nationwide trademark registration and enforcement through the USPTO. Federal registration is the route for marks used across state lines or online, complementing a New Hampshire state registration.
Regional Variances
New Hampshire state registration vs. federal and common-law protection
New Hampshire (Secretary of State, RSA 350-A)
Protects the mark only within New Hampshire. $50 per application plus a $2 e-filing fee, one class per application, 10-year renewable term under RSA 350-A:5. Registration is a required element of a state-court infringement suit under RSA 350-A:13.
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, and use of the registered mark symbol. $350 per class, multiple classes allowed in one application, 10-year renewable term. Needed for interstate or online sales that a New Hampshire registration cannot reach.
Common law (use alone)
Rights arise automatically from use in your actual New Hampshire trading area, with no filing or fee. Weakest to enforce, and in New Hampshire state court an RSA 350-A registration is what the infringement-and-damages statute expressly requires.
Related New Hampshire business-IP statutes
Trade secrets: RSA 350-B (adopted UTSA)
New Hampshire adopted the Uniform Trade Secrets Act as RSA 350-B:1 to 350-B:9, protecting secret formulas, methods, and data with a three-year limitations period for misappropriation claims.
Right of publicity: common law only
No New Hampshire statute. Commercial misuse of a person's name or likeness is addressed through the common-law appropriation tort under Restatement (Second) of Torts Section 652.: confirm scope from a New Hampshire court citation.
Suggested Compliance Checklist
Confirm in-state use and search New Hampshire marks
Before filing days after startingVerify the mark is actually in use in New Hampshire and note the first-use date. Search the Secretary of State trademark database and active New Hampshire business names, plus the federal USPTO database, for confusingly similar marks.
Assign each mark to its single class
Before filing days after startingNew Hampshire registers one class per application. Identify the international class for your goods or services and budget a separate $50 application for every additional class the brand needs.
Prepare the New Hampshire trademark application and specimen
When ready to file days after startingComplete the Secretary of State trademark or service mark application with owner name, the mark, class, goods or services, and New Hampshire first-use date, and attach a specimen showing actual use.
File with the Corporation Division and pay $50
When ready to file days after startingSubmit the application online to the New Hampshire Secretary of State's Corporation Division with the $50 fee plus the $2 electronic filing convenience fee. A specialist reviews the mark and issues a certificate within a few business days.
Calendar the RSA 350-A:5 renewal deadline
Within 6 months before the 10-year expiration days after startingA New Hampshire registration lasts 10 years and renews for successive 10-year terms. File the renewal with its $50 fee in the six months before expiration, and record any assignment on Form TM-7 under RSA 350-A:6.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm in-state use and search New Hampshire marks | Verify the mark is actually in use in New Hampshire and note the first-use date. Search the Secretary of State trademark database and active New Hampshire business names, plus the federal USPTO database, for confusingly similar marks. | - | Before filing |
| Assign each mark to its single class | New Hampshire registers one class per application. Identify the international class for your goods or services and budget a separate $50 application for every additional class the brand needs. | - | Before filing |
| Prepare the New Hampshire trademark application and specimen | Complete the Secretary of State trademark or service mark application with owner name, the mark, class, goods or services, and New Hampshire first-use date, and attach a specimen showing actual use. | trademark-application | When ready to file |
| File with the Corporation Division and pay $50 | Submit the application online to the New Hampshire Secretary of State's Corporation Division with the $50 fee plus the $2 electronic filing convenience fee. A specialist reviews the mark and issues a certificate within a few business days. | - | When ready to file |
| Calendar the RSA 350-A:5 renewal deadline | A New Hampshire registration lasts 10 years and renews for successive 10-year terms. File the renewal with its $50 fee in the six months before expiration, and record any assignment on Form TM-7 under RSA 350-A:6. | - | Within 6 months before the 10-year expiration |
Frequently Asked Questions
Effectively yes for a New Hampshire state-court claim. Under RSA 350-A:13, registration of the mark with the New Hampshire Secretary of State is a necessary element of an action for infringement and damages under the state Model State Trademark Act. Federal infringement claims under the Lanham Act follow separate rules and do not require a state registration.
No. New Hampshire registers a single class per application, unlike the USPTO's multi-class applications. If your mark covers goods in more than one international class, you file a separate application and pay a separate $50 fee for each class. Plan your budget around the number of classes your brand actually needs.
Yes. New Hampshire adopted the Uniform Trade Secrets Act as RSA 350-B, sections 350-B:1 through 350-B:9, sometimes called the NHUTSA. It protects information such as formulas, methods, and customer data that has independent economic value from secrecy and is subject to reasonable efforts to keep it secret. A misappropriation claim carries a three-year limitations period.
New Hampshire does not have a dedicated right of publicity statute. Instead, protection comes through the common-law tort of appropriation of a person's name or likeness, recognized as a branch of invasion of privacy under Restatement (Second) of Torts Section 652. A 2012 bill to codify a statutory right (SB 175) was not enacted.: confirm current common-law scope from a New Hampshire court citation.
New Hampshire's process is deliberately quick. After you file, a trademark specialist checks the mark against registered marks and active New Hampshire business names, and if it clears, the Corporation Division issues a Certificate of Registered Trademark within a few business days. That is much faster than the 12-to-18-month timeline typical of a federal USPTO application.
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