How to Register a Trademark in West Virginia (2026)
Reviewed by DocDraft Legal Team · West Virginia · Last updated August 12, 2026
A West Virginia state trademark is registered with the West Virginia Secretary of State under the state trademark statute, W. Va. Code 47-2-1 et seq. You file Form TM-1 (Application for Trademark or Service Mark), and the fee is $50 for a mark in one or two classifications, plus $50 for each additional classification. A West Virginia registration lasts 10 years and is renewable for successive 10-year terms. State registration protects a mark only within West Virginia, so businesses selling across state lines usually register federally with the USPTO instead of, or in addition to, filing in Charleston.
How do I register a trademark in West Virginia?
You file Form TM-1, the Application for Trademark or Service Mark, with the West Virginia Secretary of State under W. Va. Code 47-2-1 et seq. The mark must already be in use in the state. You submit the signed, notarized form, specimens showing the mark in use, and the filing fee to the Secretary's Business and Licensing division in Charleston.
How much does a West Virginia state trademark cost?
The West Virginia Secretary of State charges $50 for a mark used in one or two classifications, plus an additional $50 for each further classification. That is far cheaper than the federal USPTO fee of $350 per class, but a West Virginia registration only protects the mark inside West Virginia, not nationwide.
How long does a West Virginia trademark registration last?
A West Virginia registration is effective for 10 years from the date of registration under W. Va. Code 47-2-6. You may renew it for successive 10-year terms by filing a renewal application within six months before the term expires, along with the renewal fee. There is no cap on the number of renewals while the mark stays in use.
Should I register with West Virginia or 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 mark symbol. A West Virginia state registration is cheaper and faster but only covers use within the state. Many local West Virginia businesses start with a state filing and add a federal one as they grow.
State registration at the West Virginia Secretary of State
West Virginia's trademark and service mark registration system lives in Chapter 47, Article 2 of the West Virginia Code (W. Va. Code 47-2-1 et seq.) and is administered by the Secretary of State's Business and Licensing division in Charleston. Unlike a federal intent-to-use filing, West Virginia requires that the mark already be in actual use in the state before you can register it, and the paper Form TM-1 must be signed and notarized and accompanied by specimens showing the mark as actually used. The fee is unusually low at $50 for a mark in one or two classifications, with $50 added for each additional classification, and the registration runs for a full 10-year term that renews in like 10-year periods under W. Va. Code 47-2-6. Because a state registration reaches only as far as West Virginia's borders, it does not displace the nationwide rights and courtroom presumptions that come with a federal USPTO registration. West Virginia has also enacted the Uniform Trade Secrets Act at W. Va. Code 47-22-1 et seq., giving businesses a separate statutory route to protect confidential information such as formulas, customer lists, and processes that a trademark does not cover.
Relevant Laws
West Virginia Trademark Registration Act, W. Va. Code 47-2-1 et seq.
The West Virginia statute governing state registration of trademarks and service marks, including registrability, the 10-year term and renewal in W. Va. Code 47-2-6, and classification-based fees.
West Virginia Secretary of State: Register a Trademark or Service Mark
The official Secretary of State page for state trademark and service mark registration, with Form TM-1, filing instructions, and the $50-per-classification fee schedule.
West Virginia Uniform Trade Secrets Act, W. Va. Code 47-22-1 et seq.
West Virginia's adoption of the Uniform Trade Secrets Act, defining trade secrets and misappropriation and providing injunctive relief and damages for confidential business information a trademark cannot cover.
Lanham Act (Trademark Act of 1946), 15 U.S.C. §1051 et seq.
The federal statute governing USPTO trademark registration, nationwide rights, and infringement, which West Virginia businesses use for protection beyond the state's borders.
Regional Variances
West Virginia state registration vs. federal and common law
West Virginia (Secretary of State)
Registration under W. Va. Code 47-2-1 et seq. via Form TM-1. $50 for one or two classifications, plus $50 per additional class. Protects only within West Virginia; 10-year term, renewable.
Federal (USPTO)
Nationwide priority, a presumption of ownership, the registered-mark symbol, and federal-court enforcement. $350 per class; lasts 10 years and renews indefinitely with maintenance filings.
Common law (use alone)
Rights arise from use within the actual West Virginia trading area, at no cost, but they are the hardest to prove and enforce and carry no registration symbol.
How West Virginia handles related IP protections
Trademark term and renewal
A West Virginia registration runs 10 years from the date of registration under W. Va. Code 47-2-6 and renews for successive 10-year terms if you file within six months before expiration.
Trade secrets
West Virginia adopted the Uniform Trade Secrets Act at W. Va. Code 47-22-1 et seq., allowing suits for misappropriation of confidential formulas, methods, and customer lists.
Right of publicity
No dedicated statute in West Virginia. Protection runs through the common-law privacy tort of appropriation of a person's name or likeness.
Suggested Compliance Checklist
Confirm actual use of the mark in West Virginia
Before filing days after startingVerify the mark is already in use on your goods or services within West Virginia, since W. Va. Code 47-2-1 et seq. does not allow intent-to-use reservations at the state level.
Clear the mark against state and federal records
Before filing days after startingSearch the West Virginia Secretary of State trademark database and the USPTO federal database for confusingly similar marks on related goods or services before you spend the $50 fee.
Prepare and notarize Form TM-1
When ready to file days after startingComplete the West Virginia Application for Trademark or Service Mark with owner details, mark description, classifications, and first-use date, then have it signed before a notary.
File Form TM-1 with specimens and fee
When ready to file days after startingSubmit the notarized Form TM-1, specimens showing the mark in use, and a check for $50 (one or two classifications, plus $50 per additional class) to the Secretary of State's Business and Licensing division.
Calendar the 10-year renewal window
Six months before the 10-year term ends days after startingDocket the renewal deadline under W. Va. Code 47-2-6 so you can file the renewal application and fee within six months before expiration and keep the West Virginia registration in force.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in West Virginia | Verify the mark is already in use on your goods or services within West Virginia, since W. Va. Code 47-2-1 et seq. does not allow intent-to-use reservations at the state level. | - | Before filing |
| Clear the mark against state and federal records | Search the West Virginia Secretary of State trademark database and the USPTO federal database for confusingly similar marks on related goods or services before you spend the $50 fee. | - | Before filing |
| Prepare and notarize Form TM-1 | Complete the West Virginia Application for Trademark or Service Mark with owner details, mark description, classifications, and first-use date, then have it signed before a notary. | trademark-application | When ready to file |
| File Form TM-1 with specimens and fee | Submit the notarized Form TM-1, specimens showing the mark in use, and a check for $50 (one or two classifications, plus $50 per additional class) to the Secretary of State's Business and Licensing division. | - | When ready to file |
| Calendar the 10-year renewal window | Docket the renewal deadline under W. Va. Code 47-2-6 so you can file the renewal application and fee within six months before expiration and keep the West Virginia registration in force. | - | Six months before the 10-year term ends |
Frequently Asked Questions
No. A registration under W. Va. Code 47-2-1 et seq. only protects the mark within West Virginia. To get nationwide priority and the ability to sue in federal court, you need a federal registration from the USPTO. Many West Virginia owners hold both a state and a federal registration.
No. West Virginia registers marks that are already in use in the state, so you must be using the mark on your goods or services before you apply. This differs from the federal system, where a Section 1(b) intent-to-use application lets you reserve a mark before actual use begins.
Yes. West Virginia has adopted the Uniform Trade Secrets Act, codified at W. Va. Code 47-22-1 et seq. It lets a business sue for misappropriation of a formula, method, customer list, or other confidential information that has economic value from being secret and is the subject of reasonable efforts to keep it secret.
West Virginia does not have a dedicated right-of-publicity statute. Instead, protection comes from common law: West Virginia recognizes the privacy tort of appropriation of another person's name or likeness, so unauthorized commercial use of someone's identity can be actionable even without a specific statute.: confirm the leading West Virginia case citation.
You file Form TM-1, the Application for Trademark or Service Mark, with the West Virginia Secretary of State's Business and Licensing division in Charleston. The form must be signed and notarized and submitted with specimens and the $50 filing fee. Details and the form are on the Secretary of State's trademark page.
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