How to Register a Trademark in Pennsylvania (2026)
Reviewed by DocDraft Legal Team · Pennsylvania · Last updated August 12, 2026
Pennsylvania trademark registration is handled by the Pennsylvania Department of State under Title 54, Chapter 11 of the Pennsylvania Consolidated Statutes (54 Pa. C.S. Ch. 11). A state registration protects a mark only within the Commonwealth and costs $50 for a single class of goods or services, with each additional class requiring its own separate application. A Pennsylvania registration lasts five years and is renewable for successive five-year terms. Most businesses selling across state lines register federally with the USPTO instead, but a state filing is a low-cost option for a purely local Pennsylvania business.
How do I register a trademark in Pennsylvania at the state level?
You file an Application for Registration of Trademark or Service Mark with the Pennsylvania Department of State under 54 Pa. C.S. Chapter 11. You must already be using the mark in the Commonwealth, provide a specimen of that use, name the single general class of goods or services, and pay the $50 fee. The Department reviews and issues a certificate.
How much does a Pennsylvania trademark registration cost?
The Pennsylvania Department of State charges a nonrefundable $50 filing fee. An application is limited to one general class of goods or services, so if your mark covers two classes you file two separate applications at $50 each. Renewal also costs $50. This is far below the USPTO federal fee of $350 per class.
How long does a Pennsylvania trademark last?
A registration under 54 Pa. C.S. is effective for five years from the date of registration. You can renew it for successive five-year terms by filing a renewal application within the six months before it expires, along with a statement that the mark is still in use in the Commonwealth and a current specimen. There is no cap on renewals.
Should Pennsylvania businesses register with the state or the USPTO?
State registration only protects you inside Pennsylvania and cannot stop out-of-state use, so it suits a purely local business. Any Pennsylvania company selling across state lines or online should register federally with the USPTO for nationwide priority and the right to use the registered trademark symbol. Some owners do both.
Pennsylvania trademark law: Title 54 and the single-class filing
Pennsylvania consolidated its trademark law into Title 54, Chapter 11 of the Pennsylvania Consolidated Statutes, administered by the Department of State's Bureau of Corporations and Charitable Organizations in Harrisburg. Two features set the Commonwealth apart from the federal system. First, a registration is a use-based filing only: you cannot reserve a mark on an intent-to-use basis the way you can with the USPTO, so the mark must already be in use in Pennsylvania and a specimen must accompany the application. Second, under 54 Pa. C.S. Section 1103 each application is limited to a single general class of goods or services drawn from the same 45-class international system the USPTO uses, so a multi-class brand must file and pay for one application per class rather than a single combined filing. The registration term under Section 1114 runs five years, half the federal ten-year term, and renews for like five-year periods when filed within the six months before expiration. The flat $50 fee, unchanged and well under the federal per-class fee, makes the state route attractive for local Pennsylvania businesses that do not sell across state lines.
Relevant Laws
Pennsylvania Trademark Act, 54 Pa. C.S. Chapter 11 (Sections 1101 to 1126)
The Commonwealth statute governing registration of trademarks and service marks with the Department of State, including classification (Section 1103), registration (Section 1112), and the five-year duration and renewal (Section 1114).
Pennsylvania Department of State: Registration of a Trademark
The official Department of State page describing how to register a trademark or service mark in Pennsylvania, the $50 fee, the required specimen, and the five-year renewable term.
Pennsylvania Uniform Trade Secrets Act, 12 Pa. C.S. Section 5301 et seq.
Pennsylvania's adoption of the Uniform Trade Secrets Act (Sections 5301 to 5308), providing injunctive relief and damages for misappropriation of trade secrets such as formulas, methods, and customer lists.
Lanham Act (Trademark Act of 1946), 15 U.S.C. Section 1051 et seq.
The federal trademark statute administered by the USPTO. Pennsylvania businesses selling across state lines register here for nationwide rights; the state registration under Title 54 does not displace federal rights.
Regional Variances
Registering a mark: Pennsylvania Department of State vs. the USPTO
Pennsylvania (Department of State, 54 Pa. C.S. Ch. 11)
Protection within the Commonwealth only. $50 per single-class application (multi-class means separate filings). Use-based only, no intent-to-use. Five-year term, renewable for like terms under Section 1114.
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, the registered trademark symbol, and federal-court enforcement. $350 per class, and one application can cover several classes. Ten-year term, renewable.
Common law (use alone in Pennsylvania)
Rights arise from actual use and are limited to your real trading area within the state. Free, but no certificate, no registration symbol, and the hardest to enforce against later users.
Pennsylvania-specific rules that differ from the federal system
Single class per application (Section 1103)
Each Pennsylvania application covers exactly one general class; a two-class brand files two $50 applications. The USPTO allows one multi-class application.
Five-year renewable term (Section 1114)
Pennsylvania registrations run five years and renew for successive five-year periods, versus the federal ten-year term. Renew within the six months before expiration.
Trade secrets: Pennsylvania UTSA (12 Pa. C.S. 5301 et seq.)
Pennsylvania adopted the Uniform Trade Secrets Act, giving injunctions and damages for misappropriation. This covers confidential business information a trademark filing does not protect.
Suggested Compliance Checklist
Verify actual use of the mark in Pennsylvania
Before filing days after startingConfirm the mark is already in use on your goods or services in the Commonwealth and gather a specimen, since Pennsylvania has no intent-to-use option and requires proof of use with the application.
Search Pennsylvania and federal trademark records
Before filing days after startingCheck the Department of State business search and the USPTO Trademark Search database for confusingly similar marks on related goods or services, including federal registrations that could block your Pennsylvania use.
Identify the single general class
Before filing days after startingMap your goods or services to one general class under 54 Pa. C.S. Section 1103. Budget a separate $50 application for each additional class your mark covers.
File the Application for Registration of Trademark or Service Mark
When ready days after startingSubmit Form DSCB:54-1112 to the Pennsylvania Department of State with the mark, class, date of first use, a specimen, and the nonrefundable $50 fee to obtain a certificate of registration.
Calendar the five-year renewal window
Within 6 months before expiration days after startingFile the renewal application and $50 fee within the six months before the five-year term expires, with a statement of continued use in the Commonwealth and a current specimen. Registration renews for successive five-year terms.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify actual use of the mark in Pennsylvania | Confirm the mark is already in use on your goods or services in the Commonwealth and gather a specimen, since Pennsylvania has no intent-to-use option and requires proof of use with the application. | - | Before filing |
| Search Pennsylvania and federal trademark records | Check the Department of State business search and the USPTO Trademark Search database for confusingly similar marks on related goods or services, including federal registrations that could block your Pennsylvania use. | - | Before filing |
| Identify the single general class | Map your goods or services to one general class under 54 Pa. C.S. Section 1103. Budget a separate $50 application for each additional class your mark covers. | - | Before filing |
| File the Application for Registration of Trademark or Service Mark | Submit Form DSCB:54-1112 to the Pennsylvania Department of State with the mark, class, date of first use, a specimen, and the nonrefundable $50 fee to obtain a certificate of registration. | trademark-application | When ready |
| Calendar the five-year renewal window | File the renewal application and $50 fee within the six months before the five-year term expires, with a statement of continued use in the Commonwealth and a current specimen. Registration renews for successive five-year terms. | - | Within 6 months before expiration |
Frequently Asked Questions
No. Unlike the federal USPTO system, Pennsylvania registration under 54 Pa. C.S. is use-based only. The mark must already be in use in the Commonwealth when you apply, and the Department of State requires a specimen showing that actual use. If you have not started using the mark yet, a federal intent-to-use application is the way to reserve priority.
No. Under 54 Pa. C.S. Section 1103, each Pennsylvania application is limited to a single general class of goods or services. A mark used across two or more classes must be the subject of a separate application and a separate $50 fee for each class, unlike the USPTO, where one application can cover several classes at once.
Section 1114 of Title 54 sets the Pennsylvania registration term at five years, shorter than the federal ten-year term. It renews for successive five-year periods if you file within the six months before expiration with a statement of continued use in the Commonwealth. The trade-off for the shorter term is the low $50 fee.
Yes. Pennsylvania adopted the Uniform Trade Secrets Act, codified as the Pennsylvania Uniform Trade Secrets Act at 12 Pa. C.S. Section 5301 et seq. (Sections 5301 to 5308), effective in 2004. It lets a trade-secret owner seek injunctions and damages for misappropriation and can displace overlapping common-law claims, which matters for brand elements like formulas and customer lists that a trademark does not cover.
No. A state registration only reaches use within Pennsylvania and gives you no nationwide priority. It cannot stop a business operating in another state or a federal registrant. To protect a mark beyond the Commonwealth, you need a federal registration from the USPTO, which grants nationwide rights and the registered trademark symbol.
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