How to Register a Trademark in Oklahoma (2026)
Reviewed by DocDraft Legal Team · Oklahoma · Last updated August 12, 2026
An Oklahoma state trademark registration is handled by the Oklahoma Secretary of State under the state Trademarks and Labels act, 78 O.S. Section 21 et seq. The state filing fee is $50.00 for each class of goods or services, and a registration lasts an initial term of ten years. Unusually, Oklahoma renews in successive five-year periods rather than ten-year periods, at a $25.00 renewal fee. A state registration protects your mark only inside Oklahoma, so businesses that sell across state lines or online usually register federally with the USPTO instead.
How much does it cost to register a trademark in Oklahoma?
The Oklahoma Secretary of State charges a $50.00 filing fee for each class of goods or services the mark covers, under 78 O.S. Section 23. A two-class application therefore costs $100.00. This state fee is far lower than the $350-per-class USPTO federal fee, but an Oklahoma registration only protects your mark within the state.
How long does an Oklahoma trademark registration last?
An Oklahoma registration is effective for an initial term of ten years from the date of registration under 78 O.S. Section 25. Unlike the federal system and many states, Oklahoma then renews in successive five-year periods, not ten-year periods. You file the renewal within six months before the term expires, with a $25.00 renewal fee.
Should I register with Oklahoma or with the USPTO?
Register with the Oklahoma Secretary of State only if your use is confined to Oklahoma, since a state registration cannot reach out-of-state infringers. If you sell across state lines or online, a federal USPTO registration gives nationwide priority, the ® symbol, and federal-court enforcement. Many Oklahoma businesses skip state filing and go federal.
Where do I file an Oklahoma trademark application?
You file with the Trademark Division of the Oklahoma Secretary of State, either through the online filing portal at sos.ok.gov/trademarks or by mailing the paper registration form. The application must show that the mark is already in use in Oklahoma, because Oklahoma does not accept intent-to-use filings the way the USPTO does.
Oklahoma's five-year renewal cycle and its own classification system
Oklahoma's trademark law sits in Title 78 of the Oklahoma Statutes, the Trade Marks and Labels act, beginning at 78 O.S. Section 21, and is administered by the Trademark Division of the Secretary of State. Two features make Oklahoma distinctive. First, while a registration runs an initial ten-year term under 78 O.S. Section 25, renewals run in successive five-year periods rather than the ten-year cycles used federally and in most states, so Oklahoma owners calendar their deadlines more often. Second, 78 O.S. Section 29 sets out Oklahoma's own statutory list of classes of goods and services rather than simply adopting the 45 international Nice classes, so an applicant should map goods to the state schedule. Registration requires actual use in Oklahoma before filing; there is no intent-to-use track. The $50.00 per-class fee and $25.00 renewal fee keep state protection inexpensive, but it remains limited to Oklahoma's borders. Oklahoma has also adopted the Uniform Trade Secrets Act at 78 O.S. Section 85 et seq., placing trade-secret law in the same title as trademarks.
Relevant Laws
Oklahoma Trade Marks and Labels act, 78 O.S. Section 21 et seq.
The Oklahoma statute governing state trademark registration, including the $50.00-per-class fee (Section 23), the ten-year term with five-year renewals (Section 25), and Oklahoma's own class list (Section 29).
Oklahoma Secretary of State, Trademark Division
The official filing office for Oklahoma state trademarks, with an online portal to submit registrations, assignments, renewals, and cancellations, and a searchable trademark database.
Oklahoma Uniform Trade Secrets Act, 78 O.S. Section 85 et seq.
Oklahoma's adoption of the Uniform Trade Secrets Act, providing civil remedies including injunctions and damages for misappropriation of information that has independent economic value and is kept reasonably secret.
Lanham Act (Trademark Act of 1946), 15 U.S.C. Section 1051 et seq.
The federal trademark statute administered by the USPTO. Oklahoma businesses selling across state lines or online generally register federally for nationwide protection instead of, or in addition to, a state registration.
Regional Variances
Oklahoma state registration vs. federal vs. common law
Oklahoma (Secretary of State, 78 O.S. 21)
$50.00 per class filed with the Secretary of State. Effective ten years, then renews in five-year periods at $25.00. Requires actual use in Oklahoma; protection is limited to the state.
Federal (USPTO, Lanham Act)
$350 per class, nationwide priority, the ® symbol, and federal-court enforcement. Registration lasts ten years and renews in ten-year cycles. Intent-to-use filing is available, unlike Oklahoma.
Common law (use alone)
Rights arise from use in your actual Oklahoma trading area without any filing. Free, but the hardest to prove and enforce, and no right to use the ® symbol.
How Oklahoma differs from the federal system in the fine print
Renewal cycle
Oklahoma renews in successive five-year periods after the first ten-year term (78 O.S. Section 25). The USPTO renews in flat ten-year cycles, so Oklahoma owners calendar renewals more frequently.
Classification
Oklahoma applies its own statutory class list under 78 O.S. Section 29 rather than adopting all 45 Nice classes, so goods must be mapped to the state schedule when filing.
Trade-secret protection
Oklahoma has adopted the Uniform Trade Secrets Act at 78 O.S. Section 85 et seq., placing trademark and trade-secret law in the same statutory title.
Suggested Compliance Checklist
Confirm use of the mark in Oklahoma
Before filing days after startingVerify the mark is already in use in Oklahoma and record the dates of first use anywhere and first use in the state, since Oklahoma does not allow intent-to-use filings.
Search Oklahoma and federal trademark databases
Before filing days after startingSearch the Secretary of State database at sos.ok.gov/trademarks and the USPTO Trademark Search for conflicting marks. Under 78 O.S. Section 22 a confusingly similar prior mark blocks registration.
Classify goods or services under 78 O.S. Section 29
Before filing days after startingMap what you sell to Oklahoma's statutory class list in 78 O.S. Section 29. The class count sets the fee at $50.00 per class.
File the Oklahoma trademark registration and pay $50.00 per class
When in use days after startingSubmit Form 0054 with owner details, the mark, class or classes, dates of first use, and a specimen through sos.ok.gov/trademarks. Pay $50.00 per class to the Secretary of State.
Calendar the five-year renewal
Within 6 months before term expiry days after startingOklahoma runs an initial ten-year term, then renews in five-year periods under 78 O.S. Section 25. File the renewal in the six-month window before expiry with the $25.00 fee, or the mark lapses.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm use of the mark in Oklahoma | Verify the mark is already in use in Oklahoma and record the dates of first use anywhere and first use in the state, since Oklahoma does not allow intent-to-use filings. | - | Before filing |
| Search Oklahoma and federal trademark databases | Search the Secretary of State database at sos.ok.gov/trademarks and the USPTO Trademark Search for conflicting marks. Under 78 O.S. Section 22 a confusingly similar prior mark blocks registration. | - | Before filing |
| Classify goods or services under 78 O.S. Section 29 | Map what you sell to Oklahoma's statutory class list in 78 O.S. Section 29. The class count sets the fee at $50.00 per class. | - | Before filing |
| File the Oklahoma trademark registration and pay $50.00 per class | Submit Form 0054 with owner details, the mark, class or classes, dates of first use, and a specimen through sos.ok.gov/trademarks. Pay $50.00 per class to the Secretary of State. | trademark-application | When in use |
| Calendar the five-year renewal | Oklahoma runs an initial ten-year term, then renews in five-year periods under 78 O.S. Section 25. File the renewal in the six-month window before expiry with the $25.00 fee, or the mark lapses. | - | Within 6 months before term expiry |
Frequently Asked Questions
No. A registration with the Oklahoma Secretary of State only gives you rights within Oklahoma. It cannot stop someone in another state from using a similar mark, and it does not grant the nationwide priority that a federal USPTO registration provides. If you operate across state lines or sell online, file federally.
Oklahoma's statute, 78 O.S. Section 25, sets an initial ten-year term but then provides for renewal in successive five-year periods. This differs from the USPTO and most states, which renew in ten-year cycles. Practically, it means Oklahoma owners must track a shorter renewal interval after the first decade and pay the $25.00 renewal fee more often.
No. Oklahoma requires that the mark already be in use in the state when you apply, and the application asks for the date of first use in Oklahoma. There is no state equivalent of the federal Section 1(b) intent-to-use application. If you have not started using the mark yet, consider a federal intent-to-use filing with the USPTO.
Yes. Oklahoma has adopted the Uniform Trade Secrets Act, codified at 78 O.S. Section 85 et seq., which sits in the same title as its trademark law. It lets a business sue for misappropriation of a trade secret and seek injunctions and damages, provided the information had independent economic value and was kept reasonably secret.
Oklahoma protects a person's name, voice, signature, photograph, and likeness by statute at 12 O.S. Section 1449, with a related deceased-personality provision at 12 O.S. Section 1448 and a criminal provision at 21 O.S. Section 839.1. Using someone's identity commercially without consent can create liability, which matters when a mark incorporates a real person's name or image.
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