How to Register a Trademark in North Dakota (2026)
Reviewed by DocDraft Legal Team · North Dakota · Last updated August 12, 2026
Trademark protection in North Dakota comes in two layers. National protection is federal, through the USPTO under the Lanham Act, while North Dakota offers its own state registration through the Secretary of State under N.D.C.C. Chapter 47-22. A North Dakota registration costs $30 for the first class plus $20 for each additional class and lasts ten years, renewable for successive ten-year terms. Notably, North Dakota does not use the 45-class federal Nice system; Chapter 47-22-09 sets out its own list of goods and services classes. State registration only protects a mark within North Dakota, so businesses selling beyond state lines usually file federally instead of, or in addition to, registering with the state.
How much does it cost to register a trademark in North Dakota?
The North Dakota Secretary of State charges a filing fee of $30 for one class of goods or services and $20 for each additional class, set by N.D.C.C. 47-22-03. That is far cheaper than the USPTO $350-per-class federal fee, but a state registration only protects your mark inside North Dakota, not nationwide.
Where do I file a state trademark in North Dakota?
You file with the North Dakota Secretary of State, which administers Chapter 47-22 registrations through its FirstStop online business portal. The application must set out the owner, the goods or services and their class, the dates of first use, and be accompanied by a specimen of the mark in duplicate and the filing fee.
How long does a North Dakota trademark registration last?
Under N.D.C.C. 47-22-05, a North Dakota mark registration is effective for ten years from the registration date and may be renewed for successive ten-year terms. The renewal fee matches the original: $30 for one class plus $20 per additional class. The Secretary of State must notify registrants at least 90 days before expiration.
Does North Dakota use the federal 45 trademark classes?
No. Unlike most states, North Dakota does not adopt the international 45-class Nice system for state filings. N.D.C.C. 47-22-09 sets out its own classification, a long list of specific goods categories plus eight service categories. A single application may cover any or all goods and services on which the mark is actually used.
North Dakota keeps its own trademark classification system
North Dakota's trademark statute, N.D.C.C. Chapter 47-22, is administered by the Secretary of State and carries a quirk that catches out-of-state filers: it does not use the familiar 45-class international Nice Classification. Instead, Section 47-22-09 lays out North Dakota's own home-grown list, dozens of narrowly drawn goods categories from 'abrasives and polishing materials' to 'malt beverages and liquors,' followed by just eight service categories such as advertising and business, insurance and financial, and education and entertainment. A single application may claim any or all classes on which the mark is actually used. The chapter also mirrors the federal likelihood-of-confusion bar: under Section 47-22-02, the Secretary of State will refuse a mark that resembles one already registered in the state, and Section 47-22-08 lets a state district court cancel a North Dakota registration that conflicts with an earlier federal registration. Section 47-22-13 preserves any common-law rights a mark owner already holds, so filing is not the only route to protection in the state.
Relevant Laws
N.D.C.C. Chapter 47-22 (Trademarks)
North Dakota's state trademark statute, governing who may register, registrability, the $30-plus-$20-per-additional-class fee (47-22-03), the ten-year term and renewal (47-22-05), the state's own classification (47-22-09), and infringement remedies.
North Dakota Secretary of State (FirstStop business portal)
The office that administers Chapter 47-22 trademark and service mark registrations. Applications and searches are handled through the FirstStop online portal.
N.D.C.C. Chapter 47-25.1 (Uniform Trade Secrets Act)
North Dakota's version of the Uniform Trade Secrets Act, effective July 1, 1983, providing injunctions, damages, and attorney fees for misappropriation of trade secrets.
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 priority and, under N.D.C.C. 47-22-08, can override a conflicting North Dakota state registration.
Regional Variances
Filing a mark in North Dakota: state, federal, or common law
North Dakota Secretary of State (Chapter 47-22)
Protection inside North Dakota only. $30 for the first class plus $20 per additional class (47-22-03). Ten-year term, renewable (47-22-05). Uses North Dakota's own classification, not the federal 45-class Nice system (47-22-09).
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, and the ® symbol. $350 per class, ten-year term renewable indefinitely. Under N.D.C.C. 47-22-08 a federal registration can override a conflicting North Dakota state mark.
Common law (use in North Dakota)
Rights arise from actual in-state use and are preserved by N.D.C.C. 47-22-13. Free but limited to your real trading area, with no ® symbol and no statutory presumption of ownership.
Related North Dakota brand-protection statutes
Trade secrets: UTSA adopted
North Dakota adopted the Uniform Trade Secrets Act at N.D.C.C. Chapter 47-25.1, effective July 1, 1983, covering injunctions, damages, and attorney fees for misappropriation.
Right of publicity: no statute
North Dakota has no right-of-publicity statute and no clearly recognized common-law right..
Trade names: separate registry
Business trade names and franchise names are registered separately with the Secretary of State, distinct from a Chapter 47-22 trademark. A trade name registration does not by itself grant trademark rights.
Suggested Compliance Checklist
Confirm in-state use of the mark
Before filing days after startingVerify the mark is actually used in North Dakota as defined by N.D.C.C. 47-22-01, meaning it is on goods sold or distributed in the state, or on services rendered here. Note the first-use dates anywhere and in North Dakota.
Search North Dakota and federal trademark records
Before filing days after startingSearch the Secretary of State records at firststop.sos.nd.gov and the USPTO database for confusingly similar marks. Section 47-22-02 bars a mark that resembles one already registered in the state or a business name on file.
Map goods and services to North Dakota classes
Before filing days after startingAssign your goods or services using North Dakota's own classification in N.D.C.C. 47-22-09, not the federal 45-class Nice system. Class count sets the fee at $30 for the first class plus $20 per additional class.
File the Trademark/Service Mark Registration
When ready days after startingSubmit the application through the Secretary of State FirstStop portal with owner details, class, first-use dates, a specimen in duplicate, and the fee. On approval the office issues a certificate under 47-22-04.
Calendar the ten-year renewal
Before the 10-year expiration days after startingRenew under N.D.C.C. 47-22-05 before the ten-year term ends for $30 plus $20 per additional class. The Secretary of State must notify you at least 90 days out, but track the date yourself and record any assignment or name change.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm in-state use of the mark | Verify the mark is actually used in North Dakota as defined by N.D.C.C. 47-22-01, meaning it is on goods sold or distributed in the state, or on services rendered here. Note the first-use dates anywhere and in North Dakota. | - | Before filing |
| Search North Dakota and federal trademark records | Search the Secretary of State records at firststop.sos.nd.gov and the USPTO database for confusingly similar marks. Section 47-22-02 bars a mark that resembles one already registered in the state or a business name on file. | - | Before filing |
| Map goods and services to North Dakota classes | Assign your goods or services using North Dakota's own classification in N.D.C.C. 47-22-09, not the federal 45-class Nice system. Class count sets the fee at $30 for the first class plus $20 per additional class. | - | Before filing |
| File the Trademark/Service Mark Registration | Submit the application through the Secretary of State FirstStop portal with owner details, class, first-use dates, a specimen in duplicate, and the fee. On approval the office issues a certificate under 47-22-04. | trademark-application | When ready |
| Calendar the ten-year renewal | Renew under N.D.C.C. 47-22-05 before the ten-year term ends for $30 plus $20 per additional class. The Secretary of State must notify you at least 90 days out, but track the date yourself and record any assignment or name change. | - | Before the 10-year expiration |
Frequently Asked Questions
If you sell only within North Dakota, a state registration under Chapter 47-22 is cheap ($30 for the first class) and fast. If you sell across state lines or online, file federally with the USPTO for nationwide priority. North Dakota's own 47-22-08 recognizes that a federal registration can override a conflicting state one, so many businesses go federal.
Yes. North Dakota adopted the Uniform Trade Secrets Act, codified at N.D.C.C. Chapter 47-25.1, effective July 1, 1983. It defines a trade secret, provides for injunctions and damages for misappropriation, allows attorney fees in cases of willful and malicious misappropriation, and sets a limitations period. Trademarks and trade secrets are separate tools that often protect different parts of a brand.
North Dakota has no right-of-publicity statute, and its courts have not clearly recognized a common-law right of publicity or appropriation tort.. Anyone concerned about commercial use of a name or likeness in North Dakota should get specific legal advice, as the law here is unsettled.
Under N.D.C.C. 47-22-08, a state district court can cancel a North Dakota registration if it is so similar to a mark registered at the USPTO before your state filing date that confusion is likely, unless you own a concurrent federal registration covering North Dakota. A federal registration generally supersedes a conflicting state one, so clear the USPTO database first.
Yes. N.D.C.C. 47-22-13 states that nothing in the chapter adversely affects rights in marks acquired in good faith at common law. So using a mark in commerce in North Dakota builds common-law rights in your actual trading area even without a state or federal registration, though those rights are narrower and harder to enforce than a registration.
Other North Dakota guides
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