How to Register a Trademark in North Carolina (2026)
Reviewed by DocDraft Legal Team · North Carolina · Last updated August 12, 2026
A North Carolina trademark registration is handled by the North Carolina Secretary of State under N.C. Gen. Stat. Chapter 80 and protects a mark only within North Carolina, so most businesses selling across state lines should register federally with the USPTO instead. The state filing fee is $75 per class of goods or services, and a registration lasts 10 years and is renewable for successive 10-year terms. North Carolina also imposes a distinctive fifth-year requirement: the owner must file a specimen and a signed statement of continued use to keep the registration alive. This page covers the state registration, North Carolina's Trade Secrets Protection Act, and how the state treats a person's name and likeness.
How much does a North Carolina trademark registration cost?
The North Carolina Secretary of State charges a filing fee of $75 per class of goods or services under N.C. Gen. Stat. 80-3. A mark used on goods in three classes therefore costs $225 to register. Renewal is cheaper, at $35 per class filed within six months before the term expires.
Should I register a trademark with North Carolina or with the USPTO?
A North Carolina registration protects your mark only inside North Carolina, so it suits a purely local business. If you sell across state lines or online, register federally with the USPTO instead, since that gives nationwide priority and the right to use the registered symbol. Many owners rely on common-law rights until they file federally.
How long does a North Carolina trademark registration last?
Under N.C. Gen. Stat. 80-5, a state registration is effective for 10 years from the registration date and is renewable for successive 10-year terms. You file the renewal within the six months before a term expires. North Carolina also requires a signed continued-use statement near the fifth year of each term.
What statute governs trademarks in North Carolina?
State trademark registration is governed by N.C. Gen. Stat. Chapter 80, Article 1, administered by the North Carolina Secretary of State's Trademarks section. It defines what marks may be registered, the $75-per-class application fee, and the 10-year term. This is separate from the federal Lanham Act, which the USPTO administers nationwide.
North Carolina's fifth-year continued-use requirement
North Carolina's trademark statute has a quirk that trips up owners who assume a state registration is set-and-forget for a decade. Under N.C. Gen. Stat. 80-5, within the six months following the expiration of five years from the registration date, or from the last renewal, the owner must submit to the Secretary of State a specimen showing current use of the mark plus a signed statement verifying that use. Miss that mid-term filing and the registration can lapse even though the 10-year term has not run. The state registration itself is governed by Chapter 80, Article 1, and is handled by the Secretary of State's Trademarks section rather than by any court. The $75-per-class filing fee and $35-per-class renewal fee are set by statute, and North Carolina charges the same $75 fee for each additional class within a single application, so a multi-class mark scales quickly. Because the registration only reaches to the state line, a North Carolina certificate is best understood as a local supplement to, not a substitute for, a federal USPTO registration.
Relevant Laws
N.C. Gen. Stat. Chapter 80, Article 1 (Trademarks)
North Carolina's trademark registration statute. It sets what marks may be registered, the $75-per-class application fee in 80-3, and the 10-year renewable term and fifth-year continued-use requirement in 80-5.
North Carolina Secretary of State: How to Register a Trademark or Service Mark
The official Secretary of State page explaining the North Carolina trademark and service mark registration process, forms, and fees for filing within the state.
North Carolina Trade Secrets Protection Act, N.C. Gen. Stat. 66-152 et seq.
North Carolina's own trade-secret law (Chapter 66, Article 24), not the Uniform Trade Secrets Act. It defines trade secrets and misappropriation and provides for injunctive relief and damages.
Lanham Act (Trademark Act of 1946), 15 U.S.C. 1051 et seq.
The federal trademark statute administered by the USPTO. It provides nationwide registration and the likelihood-of-confusion standard, and is the route most North Carolina businesses use for cross-state protection.
Regional Variances
Registering in North Carolina vs. federally vs. common law
North Carolina (Secretary of State, Chapter 80)
Protection within North Carolina only. $75 per class under N.C. Gen. Stat. 80-3; 10-year renewable term with a fifth-year continued-use filing under 80-5. Requires actual use in the state; no intent-to-use basis.
Federal (USPTO, Lanham Act)
Nationwide priority, a legal presumption of ownership, and the registered symbol. $350 per class; lasts 10 years and is renewable. Allows intent-to-use filing that a North Carolina application does not.
Common law (use alone)
Rights arise automatically from use in North Carolina, limited to the actual trading area. Free but hardest to enforce, with no certificate and no statutory presumption of ownership.
How North Carolina treats related brand-protection law
Trade secrets
North Carolina did NOT adopt the Uniform Trade Secrets Act. It uses its own Trade Secrets Protection Act, N.C. Gen. Stat. 66-152 through 66-157, with its own definitions and remedies.
Right of publicity
No North Carolina publicity statute. Unauthorized commercial use of a person's name or likeness is addressed through the common-law appropriation invasion-of-privacy tort.
State renewal economics
The North Carolina renewal fee is $35 per class, filed within the six months before a 10-year term expires, which is lower than the initial $75-per-class filing fee.
Suggested Compliance Checklist
Confirm actual use of the mark in North Carolina
Before filing days after startingNorth Carolina registers only marks in actual use, so verify you are selling goods or offering services under the mark in the state and record the first-use dates in North Carolina and elsewhere.
Clear the mark against state and federal records
Before filing days after startingSearch North Carolina Secretary of State trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services before paying the $75-per-class fee.
File the North Carolina trademark application
When ready days after startingSubmit the state application with the owner details, mark, classes, first-use dates, a specimen, and $75 per class to the North Carolina Secretary of State's Trademarks section under N.C. Gen. Stat. 80-3.
File the fifth-year continued-use statement
Within 6 months after year 5 of each term days after startingUnder N.C. Gen. Stat. 80-5, submit a specimen showing current use and a signed statement verifying that use to the Secretary of State, or the registration can lapse mid-term.
Renew the North Carolina registration
Within 6 months before the 10-year term expires days after startingFile the renewal application with the $35-per-class renewal fee to keep the North Carolina registration in force for another 10-year term under N.C. Gen. Stat. 80-5.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in North Carolina | North Carolina registers only marks in actual use, so verify you are selling goods or offering services under the mark in the state and record the first-use dates in North Carolina and elsewhere. | - | Before filing |
| Clear the mark against state and federal records | Search North Carolina Secretary of State trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services before paying the $75-per-class fee. | - | Before filing |
| File the North Carolina trademark application | Submit the state application with the owner details, mark, classes, first-use dates, a specimen, and $75 per class to the North Carolina Secretary of State's Trademarks section under N.C. Gen. Stat. 80-3. | trademark-application | When ready |
| File the fifth-year continued-use statement | Under N.C. Gen. Stat. 80-5, submit a specimen showing current use and a signed statement verifying that use to the Secretary of State, or the registration can lapse mid-term. | - | Within 6 months after year 5 of each term |
| Renew the North Carolina registration | File the renewal application with the $35-per-class renewal fee to keep the North Carolina registration in force for another 10-year term under N.C. Gen. Stat. 80-5. | - | Within 6 months before the 10-year term expires |
Frequently Asked Questions
No. A registration with the North Carolina Secretary of State only gives rights within North Carolina. It does not stop someone in another state from using a similar mark. For protection beyond the state line you need a federal registration with the USPTO, which gives nationwide priority and the ability to sue in federal court.
Yes. North Carolina registers marks that are in actual use in the state, and the application asks for the date of first use in North Carolina and a specimen showing the mark as used. Unlike the federal system, there is no intent-to-use basis, so you generally cannot reserve a mark in North Carolina before you start using it.
No. North Carolina did not adopt the Uniform Trade Secrets Act. Instead it enacted its own Trade Secrets Protection Act at N.C. Gen. Stat. 66-152 through 66-157. It defines a trade secret and misappropriation and lets an owner sue for injunctive relief and damages, but its wording differs from the uniform act other states use.
No. North Carolina has no right-of-publicity statute. A person whose name, image, or likeness is used for commercial gain without consent must rely on the common-law tort of appropriation, an invasion-of-privacy theory recognized by North Carolina courts. Because it is common-law only, remedies can be narrower than in states with a dedicated publicity statute.: confirm the leading North Carolina appropriation case citation.
N.C. Gen. Stat. 80-5 requires that within the six months after five years from registration, or from the last renewal, the owner file a specimen showing current use plus a signed statement verifying that use with the Secretary of State. It is easy to overlook because it falls in the middle of the 10-year term, and missing it can end the registration.
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