How to Register a Trademark in Ohio (2026)
Reviewed by DocDraft Legal Team · Ohio · Last updated August 12, 2026
An Ohio state trademark or service mark registration is handled by the Ohio Secretary of State under Ohio Revised Code sections 1329.54 to 1329.67. You apply on Form 555 for $125 per class, and the mark must already be in use in Ohio before you file. A state registration lasts ten years, is renewable, and protects the mark only within Ohio, so businesses selling across state lines usually register federally with the USPTO instead. This page covers the Ohio-specific filing, plus Ohio's trade-secret and right-of-publicity statutes that round out brand protection in the state.
How much does it cost to register a trademark in Ohio?
The Ohio Secretary of State charges $125 per class to file a trademark or service mark application on Form 555. Only one class may be selected per application, so a mark used across multiple classes needs a separate $125 filing for each. Optional expedited handling adds $100. Renewal on Form 523B costs $25.
Does an Ohio trademark registration protect me outside Ohio?
No. A registration through the Ohio Secretary of State gives rights only within Ohio's borders under ORC Chapter 1329. It cannot stop use in other states and carries no nationwide priority. If you sell across state lines or online, a federal USPTO registration is the tool that gives nationwide protection and the right to use the registered symbol.
Do I have to be using the mark before I register it in Ohio?
Yes. Unlike the federal system, Ohio has no intent-to-use option. The mark must already be in actual use in Ohio when you file Form 555, and the application asks for the date of first use in the state and a specimen showing the mark. If you are not yet selling, you cannot obtain an Ohio state registration.
How long does an Ohio trademark registration last?
An Ohio registration is effective for ten years from the date of registration under ORC 1329.62. You can renew it for successive ten-year terms by filing Form 523B during the six-month window before it expires. If you miss that window, the registration is cancelled and you must file a new application to restore protection.
Ohio's Secretary of State registry under ORC Chapter 1329
Ohio's trademark and service mark statute lives in Ohio Revised Code sections 1329.54 through 1329.67, part of Chapter 1329 ("Labels and Marks"), and it tracks the Model State Trademark Bill closely. The Ohio Secretary of State maintains the registry and processes applications on Form 555, last revised February 2023, at the Client Service Center at 180 East Broad Street in Columbus or online through OhioBusinessCentral.gov. A distinctive feature of Ohio practice is the strict use-first rule: the mark must be in genuine use within Ohio before you apply, and each application covers only a single class, so a brand spanning goods and services classes files (and pays $125 for) each class separately. Ohio classifies goods in classes 1 through 34 and services in classes 35 through 45, following the international Nice framework. Registration lasts ten years and renews on Form 523B for $25, filed only in the six months before expiration. State registration is deliberately cheaper and faster than the federal route, but because it stops at the state line, Ohio businesses with interstate or online sales typically treat it as a supplement to, not a replacement for, a USPTO filing.
Relevant Laws
Ohio Revised Code Chapter 1329, §§ 1329.54 to 1329.67 (Trademarks and Service Marks)
Ohio's state trademark statute, part of Chapter 1329 (Labels and Marks). It governs registration with the Secretary of State, the ten-year term and renewal, assignment, and infringement remedies within Ohio.
Ohio Secretary of State Trademark or Service Mark Application (Form 555)
The official state application form, last revised February 2023, filed with the $125-per-class fee. Filing is available online through OhioBusinessCentral.gov or in person in Columbus.
Ohio Uniform Trade Secrets Act, ORC §§ 1333.61 to 1333.69
Ohio's adoption of the Uniform Trade Secrets Act (enacted 1994). It defines trade secrets and provides injunctions and damages for misappropriation, with a four-year limitations period.
Ohio Right of Publicity, ORC Chapter 2741
Ohio's statutory right of publicity in an individual's persona for commercial use, effective 1999, protecting the persona for life plus 60 years with statutory and punitive damages available.
Regional Variances
Ohio state registration vs. federal USPTO registration
Ohio (Secretary of State, ORC Ch. 1329)
$125 per class on Form 555, one class per application, mark must already be in use in Ohio. Ten-year term, renewable on Form 523B ($25). Protection stops at the Ohio state line.
Federal (USPTO, Lanham Act)
$350 per class, intent-to-use filing allowed, nationwide priority and the registered symbol. Ten-year term with Section 8 and 9 maintenance filings. The right choice for interstate or online sellers.
Common law (use in Ohio)
Rights arise automatically from use in your actual Ohio trading area, with no filing or fee, but they are the hardest to prove and cannot use the registered symbol.
How Ohio protects brands beyond the trademark registry
Trade secrets
Ohio adopted the Uniform Trade Secrets Act at ORC 1333.61 to 1333.69 (1994). Injunctions and damages for misappropriation, four-year limitations period from discovery.
Right of publicity
ORC Chapter 2741 protects a person's persona for commercial use for life plus 60 years, with statutory damages of $2,500 to $10,000 plus punitive damages.
Trade names
Separately from marks, Ohio registers trade names and fictitious names under ORC 1329.01 through the Secretary of State, which many small Ohio businesses file alongside a mark.
Suggested Compliance Checklist
Verify the mark is in use in Ohio
Before filing days after startingOhio has no intent-to-use path. Confirm the mark is in genuine commercial use in Ohio, and record the date of first use in the state and anywhere, since Form 555 requires both plus a specimen.
Clear the mark against Ohio and federal records
Before filing days after startingSearch businesssearch.ohiosos.gov for conflicting Ohio marks, trade names, and entities, and check the USPTO database. Resolve any confusingly similar mark before spending the $125 fee.
Determine your single class
Before filing days after startingOhio allows one class per application: goods in classes 1 to 34 (trademark) or services in classes 35 to 45 (service mark). Plan a separate $125 Form 555 filing for each class your brand needs.
Complete and file Form 555 with the $125 fee
When in use days after startingSubmit the Ohio Secretary of State Trademark or Service Mark Application (Form 555) with the mark drawing, description, class, first-use dates, and specimen. File online at OhioBusinessCentral.gov and pay $125 per class.
Update the registry on any assignment
When ownership changes days after startingIf the mark is assigned or the owner name changes, file the change-of-ownership form (Form 558, $25) with the Ohio Secretary of State so the certificate and registry stay accurate.
Calendar the ten-year Ohio renewal
Six months before the 10-year expiration days after startingFile Renewal Form 523B ($25) within the six-month window before the registration expires under ORC 1329.62. Filed too early or after lapse, it is not accepted and the mark is cancelled.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify the mark is in use in Ohio | Ohio has no intent-to-use path. Confirm the mark is in genuine commercial use in Ohio, and record the date of first use in the state and anywhere, since Form 555 requires both plus a specimen. | - | Before filing |
| Clear the mark against Ohio and federal records | Search businesssearch.ohiosos.gov for conflicting Ohio marks, trade names, and entities, and check the USPTO database. Resolve any confusingly similar mark before spending the $125 fee. | - | Before filing |
| Determine your single class | Ohio allows one class per application: goods in classes 1 to 34 (trademark) or services in classes 35 to 45 (service mark). Plan a separate $125 Form 555 filing for each class your brand needs. | - | Before filing |
| Complete and file Form 555 with the $125 fee | Submit the Ohio Secretary of State Trademark or Service Mark Application (Form 555) with the mark drawing, description, class, first-use dates, and specimen. File online at OhioBusinessCentral.gov and pay $125 per class. | trademark-application | When in use |
| Update the registry on any assignment | If the mark is assigned or the owner name changes, file the change-of-ownership form (Form 558, $25) with the Ohio Secretary of State so the certificate and registry stay accurate. | - | When ownership changes |
| Calendar the ten-year Ohio renewal | File Renewal Form 523B ($25) within the six-month window before the registration expires under ORC 1329.62. Filed too early or after lapse, it is not accepted and the mark is cancelled. | - | Six months before the 10-year expiration |
Frequently Asked Questions
You register with the Ohio Secretary of State using Form 555, the Trademark or Service Mark Application (last revised February 2023). You can file it online at OhioBusinessCentral.gov, by mail, or in person at the Secretary of State Client Service Center at 180 East Broad Street in Columbus. The governing law is ORC sections 1329.54 to 1329.67.
If your business is purely local to Ohio, the $125 state filing is cheaper and faster and covers you within the state. If you sell across state lines or online, choose federal registration with the USPTO, which gives nationwide priority, the registered symbol, and federal-court remedies. Many Ohio owners file federally and treat any state registration as a supplement.
Yes. Ohio adopted the Uniform Trade Secrets Act in 1994, codified at ORC sections 1333.61 through 1333.69. It lets a business seek injunctions and damages for misappropriation of formulas, customer lists, processes, and other confidential information that has economic value and is kept secret. A misappropriation claim must be brought within four years of discovery.
Yes. Ohio Revised Code Chapter 2741 gives individuals a statutory right of publicity in their persona (name, image, voice, and likeness) for commercial use. It protects the persona for the person's lifetime plus 60 years, and a violation can bring actual damages, statutory damages from $2,500 to $10,000, and punitive damages. It supplements Ohio common-law rights rather than replacing them.
No. Ohio requires the mark to be in actual use in the state at the time of application, and Form 555 asks for the date of first use in Ohio plus a specimen. There is no intent-to-use reservation like the federal Section 1(b) basis. If you want to lock in a priority date before selling, a federal intent-to-use application is the only option.
Other Ohio guides
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