How to Register a Trademark in Tennessee (2026)
Reviewed by DocDraft Legal Team · Tennessee · Last updated August 12, 2026
A Tennessee trademark registration is filed with the Tennessee Secretary of State under the Tennessee Trade Mark Act of 2000, codified at Tenn. Code Ann. 47-25-501 through 47-25-518. It covers a mark used only within Tennessee and costs $20 per class of goods or services. A state registration lasts 5 years and can be renewed for additional 5-year terms. Businesses selling across state lines or online should register federally with the USPTO instead, because a Tennessee registration cannot stop out-of-state use.
How much does it cost to register a trademark in Tennessee?
The Tennessee Secretary of State charges $20 per class of goods or services on a trademark or service mark application. One class is $20, two classes are $40, and so on. That is far cheaper than the federal USPTO fee of $350 per class, but a Tennessee registration only protects the mark inside Tennessee.
How long does a Tennessee state trademark last?
A trademark or service mark registered with the Tennessee Secretary of State is effective for 5 years from the date of registration. You can renew it for additional 5-year periods by filing a renewal with the Secretary of State. This 5-year term is shorter than the federal 10-year term, so calendar the Tennessee renewal date carefully.
What law governs trademark registration in Tennessee?
State registration is governed by the Tennessee Trade Mark Act of 2000, found at Tenn. Code Ann. 47-25-501 through 47-25-518. It is administered by the Tennessee Secretary of State and creates a registry for marks used within the state. It does not replace federal protection under the Lanham Act, which is handled by the USPTO.
Should I register in Tennessee or with the USPTO?
If you sell across state lines or online, register federally with the USPTO for nationwide priority. A Tennessee registration under the Trade Mark Act of 2000 is cheaper at $20 per class and faster, but it only reaches within Tennessee. Many purely local Tennessee businesses use the state registry, while growing brands file federally.
Tennessee's right of publicity: the original Elvis law
Tennessee is the home of the most famous right-of-publicity statute in the country. The Personal Rights Protection Act of 1984, codified at Tenn. Code Ann. 47-25-1101 and following, was passed largely to secure the commercial value of Elvis Presley's name and likeness after his death, and it made the right descendible to a person's heirs and assignees rather than expiring at death. In 2024 the Legislature amended it with the Ensuring Likeness, Voice, and Image Security (ELVIS) Act, which added an individual's voice to the protected attributes and reached simulations generated by artificial intelligence, regardless of whether a recording contains the actual voice or a synthetic imitation. For a business choosing a mark, endorsement, or advertising campaign in Tennessee, this statute matters as much as the trademark registry, because using a person's name, photograph, voice, or likeness without consent can trigger liability separate from any trademark question.
Relevant Laws
Tennessee Trade Mark Act of 2000, Tenn. Code Ann. 47-25-501 to 47-25-518
The state statute governing registration of trademarks and service marks with the Tennessee Secretary of State, including the $20-per-class fee and the 5-year renewable term.
Tennessee Secretary of State, Apply for a Trademark
The official Secretary of State page and Business Services portal for searching, applying for, renewing, and assigning a Tennessee trademark or service mark registration.
Tennessee Uniform Trade Secrets Act, Tenn. Code Ann. 47-25-1701 to 47-25-1709
Tennessee's adoption of the Uniform Trade Secrets Act, providing injunctions and damages for misappropriation of trade secrets, which protect confidential information rather than brand names.
Tennessee Personal Rights Protection Act (ELVIS Act), Tenn. Code Ann. 47-25-1101 et seq.
Tennessee's right-of-publicity statute, the original Elvis law, protecting a person's name, photograph, voice, and likeness. Amended by the 2024 ELVIS Act to cover voice and AI-generated imitations.
Regional Variances
Tennessee state registration vs. federal and common-law rights
Tennessee (Secretary of State)
Registration under the Trade Mark Act of 2000 (Tenn. Code Ann. 47-25-501 et seq.). $20 per class, 5-year term, renewable in 5-year periods. Protection is limited to within Tennessee.
Federal (USPTO)
Nationwide priority, presumption of ownership, the right to use the (R) symbol, and federal-court enforcement. $350 per class; the registration lasts 10 years and is renewable.
Common law (use alone)
Rights arise automatically from use in Tennessee but are limited to your actual trading area. Free, but harder to enforce and no (R) symbol.
Related Tennessee statutes a brand owner should know
Trade secrets
Tennessee adopted the Uniform Trade Secrets Act at Tenn. Code Ann. 47-25-1701 to -1709, allowing injunctions and damages for misappropriation of confidential business information.
Right of publicity
The Personal Rights Protection Act (Tenn. Code Ann. 47-25-1101 et seq.), the original Elvis law, protects name, photograph, voice, and likeness, and the 2024 ELVIS Act extended it to AI voice imitations.
State filing office and form
The Tennessee Secretary of State Business Services division administers the registry using the Application for Registration of Trademark or Service Mark.
Suggested Compliance Checklist
Confirm actual Tennessee use and gather a specimen
Before filing days after startingThe Trade Mark Act of 2000 registers marks used in Tennessee. Confirm the mark is in use on goods or services in the state and collect a specimen such as a label, tag, or advertisement.
Search Tennessee and USPTO records for conflicts
Before filing days after startingSearch the Tennessee Secretary of State trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services before you commit to the brand.
Prepare the Application for Registration of Trademark or Service Mark
When ready days after startingComplete the Secretary of State application with the owner name, the mark, each class number, the date of first use, and how the mark is used. The fee is $20 per class.
File with the Tennessee Secretary of State and pay the fee
When ready days after startingSubmit the application to the Secretary of State with $20 per class by check, cashier's check, or money order payable to the Tennessee Secretary of State. Cash is accepted only for walk-in filings.
Calendar the 5-year Tennessee renewal
Year 5 from registration days after startingA Tennessee registration lasts 5 years. Set a reminder before the fifth anniversary and file a Trademark or Service Mark Renewal with the Secretary of State to keep the mark for another 5-year term.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual Tennessee use and gather a specimen | The Trade Mark Act of 2000 registers marks used in Tennessee. Confirm the mark is in use on goods or services in the state and collect a specimen such as a label, tag, or advertisement. | - | Before filing |
| Search Tennessee and USPTO records for conflicts | Search the Tennessee Secretary of State trademark records and the USPTO Trademark Search database for confusingly similar marks on related goods or services before you commit to the brand. | - | Before filing |
| Prepare the Application for Registration of Trademark or Service Mark | Complete the Secretary of State application with the owner name, the mark, each class number, the date of first use, and how the mark is used. The fee is $20 per class. | trademark-application | When ready |
| File with the Tennessee Secretary of State and pay the fee | Submit the application to the Secretary of State with $20 per class by check, cashier's check, or money order payable to the Tennessee Secretary of State. Cash is accepted only for walk-in filings. | - | When ready |
| Calendar the 5-year Tennessee renewal | A Tennessee registration lasts 5 years. Set a reminder before the fifth anniversary and file a Trademark or Service Mark Renewal with the Secretary of State to keep the mark for another 5-year term. | - | Year 5 from registration |
Frequently Asked Questions
No. A registration under the Tennessee Trade Mark Act of 2000 only gives rights within Tennessee and cannot stop someone using a similar mark in another state. For protection beyond Tennessee you need a federal registration with the USPTO, which gives nationwide priority. Common-law rights from use are also limited to your actual trading area.
Yes. Tennessee adopted the Uniform Trade Secrets Act, codified as the Tennessee Uniform Trade Secrets Act at Tenn. Code Ann. 47-25-1701 through 47-25-1709. It lets a trade-secret owner seek injunctions and damages for misappropriation. Trademarks and trade secrets protect different things, so a Tennessee business may rely on both at once.
The ELVIS Act of 2024 amended Tennessee's Personal Rights Protection Act (Tenn. Code Ann. 47-25-1101 et seq.) to add a person's voice to the protected name, photograph, and likeness, and to reach AI-generated imitations. If your advertising or brand uses a real person's identity or a voice clone without consent, you can face liability separate from any trademark issue.
A Tennessee trademark or service mark is registered for 5 years and is renewed by filing a renewal with the Tennessee Secretary of State for another 5-year term.: confirm the current renewal fee amount from the Secretary of State fee schedule. The initial application fee is $20 per class.
Not if it would be confusingly similar to an existing mark on related goods or services, because prior users generally have superior rights even without a registration. That is why you should search the Tennessee Secretary of State records and the USPTO database first. You may still register in a genuinely different class or field.
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