How to Register a Trademark in Washington (2026)
Reviewed by DocDraft Legal Team · Washington · Last updated August 12, 2026
A Washington state trademark is registered with the Secretary of State under the Trademark Registration Act, Chapter 19.77 RCW, and protects a mark only inside Washington. The Corporations and Charities Division charges $55 per classification, and a registration lasts five years before it must be renewed. State registration suits Washington-only businesses; anyone selling across state lines or online should file federally with the USPTO for nationwide rights. Washington also backs brand and business protection through its Uniform Trade Secrets Act (Chapter 19.108 RCW) and Personality Rights Act (Chapter 63.60 RCW).
How much does it cost to register a trademark in Washington?
The Washington Secretary of State charges $55 per classification of goods or services selected on the trademark registration application. A mark covering two classes therefore costs $110. Expedited service adds a flat $100 to the filing. That state fee is far lower than the USPTO base fee of $350 per class, but it only protects the mark inside Washington.
How long does a Washington state trademark last?
A Washington registration is effective for five years from its registration date under Chapter 19.77 RCW. You can renew it for successive five-year terms for the goods and services still in use in Washington, and the Secretary of State accepts a renewal within the six months before the term expires. Renewal costs $50 per classification.
Where do I file a state trademark in Washington?
You file with the Washington Secretary of State, Corporations and Charities Division, which administers the Trademark Registration Act (Chapter 19.77 RCW). The office provides a fillable Trademark Registration form and processes registrations, renewals, amendments, and assignments. Applications require actual use of the mark in Washington, not just an intent to use it.
Should I register in Washington or with the USPTO?
Register federally with the USPTO if you sell across state lines or online, because that gives nationwide priority and the right to use the registered trademark symbol. A Washington registration is cheaper at $55 per class and faster, but protection stops at the state border. Many Seattle and Spokane businesses file federally and skip the state route entirely.
Washington's Trademark Registration Act and the use requirement
Washington's trademark law lives in the Trademark Registration Act, Chapter 19.77 RCW, administered by the Secretary of State's Corporations and Charities Division rather than the courts. Unlike a federal intent-to-use application, Washington requires that the mark already be in actual use in the state before you can register it, and the application asks you to state the date of first use in Washington. The state uses the same 45-class international system as the USPTO, and the $55-per-class fee makes Washington one of the more affordable state registers. A distinctive feature is the fixed five-year term with renewal available only in the six months before expiration, a tighter window than the federal ten-year cycle. Beyond the register, Washington protects brands through its Personality Rights Act (Chapter 63.60 RCW), which is unusually broad because it covers the name, voice, signature, photograph, and likeness of both living and deceased individuals, and through the Uniform Trade Secrets Act (Chapter 19.108 RCW).
Relevant Laws
Trademark Registration Act, Chapter 19.77 RCW
Washington's state trademark statute, governing registration, term, renewal, and assignment of marks used in the state. Administered by the Secretary of State.
Washington Secretary of State Trademarks (filing office)
The Corporations and Charities Division page for state trademark registration, with the fillable registration form, the $55-per-class fee, and renewal instructions.
Uniform Trade Secrets Act, Chapter 19.108 RCW
Washington's adoption of the Uniform Trade Secrets Act, protecting confidential business information from misappropriation through injunctions and damages.
Personality Rights Act, Chapter 63.60 RCW
Washington's statutory right of publicity, protecting the name, voice, signature, photograph, and likeness of living and deceased individuals from unauthorized commercial use.
Regional Variances
Registering in Washington vs. federally vs. common law
Washington (Secretary of State, Ch. 19.77 RCW)
$55 per classification, five-year term renewable for successive five-year terms. Requires actual use in Washington and protects the mark only inside the state. Renew within the six months before expiration at $50 per class.
Federal (USPTO, Lanham Act)
$350 per class, ten-year term renewable indefinitely. Nationwide priority, the registered trademark symbol, and federal-court enforcement. Allows intent-to-use filings, which Washington does not.
Common law (use alone)
Rights arise from use in your actual Washington trading area, with no filing and no fee. Hardest to enforce and no registered symbol, but they can predate anyone else's registration.
Related Washington brand-protection statutes
Trade secrets (Ch. 19.108 RCW)
Washington adopted the Uniform Trade Secrets Act, protecting formulas, methods, and customer lists that derive value from secrecy. Covers what a trademark cannot: your undisclosed know-how.
Right of publicity (Ch. 63.60 RCW)
The Personality Rights Act protects a person's name, voice, signature, photograph, and likeness, and unusually covers both living and deceased individuals. Relevant when a mark uses a real identity.
Non-competes (Ch. 49.62 RCW)
Non-competes are void below a 2026 earnings threshold of about $126,858 (employees) or $317,147 (contractors), and a full ban starts June 30, 2027. Use trade-secret and confidentiality protections instead.
Suggested Compliance Checklist
Confirm actual use of the mark in Washington
Before filing days after startingWashington registration under Chapter 19.77 RCW requires the mark already be in use in the state. Document your date of first use in Washington, since the registration form requires it.
Search Washington and USPTO records for conflicts
Before filing days after startingCheck the Secretary of State's business and trademark records plus the USPTO Trademark Search for confusingly similar marks on related goods or services in your classes.
Map goods and services to classes
Before filing days after startingAssign each item to the correct international class. The Washington fee is $55 per classification, so class count drives the cost.
File the Trademark Registration form and fee
When using the mark days after startingSubmit the Corporations and Charities Division fillable Trademark Registration form with the owner, mark, specimen, classes, and first-use date, plus $55 per class ($100 more for expedited service).
Calendar the five-year renewal
Within 6 months before the 5-year expiration days after startingRenew for another five-year term at $50 per classification for goods and services still in use in Washington. Missing the window lets the registration lapse.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Washington | Washington registration under Chapter 19.77 RCW requires the mark already be in use in the state. Document your date of first use in Washington, since the registration form requires it. | - | Before filing |
| Search Washington and USPTO records for conflicts | Check the Secretary of State's business and trademark records plus the USPTO Trademark Search for confusingly similar marks on related goods or services in your classes. | - | Before filing |
| Map goods and services to classes | Assign each item to the correct international class. The Washington fee is $55 per classification, so class count drives the cost. | - | Before filing |
| File the Trademark Registration form and fee | Submit the Corporations and Charities Division fillable Trademark Registration form with the owner, mark, specimen, classes, and first-use date, plus $55 per class ($100 more for expedited service). | trademark-application | When using the mark |
| Calendar the five-year renewal | Renew for another five-year term at $50 per classification for goods and services still in use in Washington. Missing the window lets the registration lapse. | - | Within 6 months before the 5-year expiration |
Frequently Asked Questions
No. A registration under Chapter 19.77 RCW only gives rights inside Washington. It cannot stop someone in Oregon, Idaho, or elsewhere from using a similar mark, and it does not grant nationwide priority or the right to use the registered trademark symbol. For protection beyond the state, you need a federal USPTO registration.
No. Washington requires the mark to be in actual use in the state before you register it, and the Secretary of State form asks for your date of first use in Washington. The federal system allows intent-to-use filings that reserve a priority date, but the Washington register does not offer that option.
Yes. Washington adopted the Uniform Trade Secrets Act, codified at Chapter 19.108 RCW. It protects confidential business information such as formulas, methods, customer lists, and processes that derive economic value from not being generally known, and it provides for injunctions and damages against misappropriation. A trademark protects your brand name, while trade-secret law protects your undisclosed know-how.
Yes. The Washington Personality Rights Act, Chapter 63.60 RCW, is a statutory right of publicity. It bars using a person's name, voice, signature, photograph, or likeness for commercial or advertising purposes without consent, and notably it protects both living and deceased individuals. This matters if your mark or marketing incorporates a real person's identity.
Washington heavily restricts non-competes under Chapter 49.62 RCW. In 2026 a non-compete is void unless the worker earns above roughly $126,858 (employees) or $317,147 (independent contractors), and a statewide ban on non-competes takes effect June 30, 2027. To guard brand secrets, rely on trade-secret protection under Chapter 19.108 RCW and narrowly drawn confidentiality agreements instead.
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