How to Register a Trademark in Wyoming (2026)
Reviewed by DocDraft Legal Team · Wyoming · Last updated August 12, 2026
A Wyoming state trademark is registered with the Wyoming Secretary of State under the Trademarks and Service Marks Act, Wyo. Stat. 40-1-101 et seq. The state filing fee is $100 per class, and a Wyoming registration lasts five years and is renewable. State registration protects a mark only within Wyoming, so businesses selling across state lines or online usually file federally with the USPTO instead. Wyoming has also adopted the Uniform Trade Secrets Act at Wyo. Stat. 40-24-101 et seq. to protect confidential business information.
How much does it cost to register a trademark in Wyoming?
The Wyoming Secretary of State charges a $100 filing fee per class of goods or services. Wyoming does not allow one application to cover several classes, so if your mark spans two class codes you file two separate applications and pay $100 for each. This state fee is well below the $350-per-class USPTO federal fee.
How long does a Wyoming trademark registration last?
A trademark registered with the Wyoming Secretary of State is effective for a term of five years and is renewable for additional five-year terms. The Secretary of State notifies registrants about six months before expiration, and the renewal cannot be filed more than six months before the current term ends. Federal USPTO registrations, by contrast, run ten years per term.
Should I register my trademark in Wyoming or with the USPTO?
A Wyoming registration under Wyo. Stat. 40-1-101 only protects your mark inside Wyoming and cannot stop out-of-state use. If you sell across state lines or online, federal USPTO registration gives nationwide priority and the right to use the registered symbol. State registration mainly suits businesses operating only within Wyoming.
Where do I file a trademark application in Wyoming?
You file with the Business Division of the Wyoming Secretary of State, which administers state marks under the Trademarks and Service Marks Act. The office runs an online trademark portal at trademarks.wyo.gov where you can search existing marks and submit an Application for Registration of Trademark. Only a mark already in use in Wyoming qualifies for state registration.
Wyoming's Trademarks and Service Marks Act and its five-year term
Wyoming registers state marks under the Trademarks and Service Marks Act, Wyo. Stat. 40-1-101 through 40-1-116, administered by the Business Division of the Wyoming Secretary of State in Cheyenne. Two features stand out. First, Wyoming uses a single-class filing system: each application covers one class of goods or services at $100, so a mark used across two classes requires two applications and two fees rather than one combined filing. Second, a Wyoming registration is effective for only five years, shorter than the ten-year federal term, though it renews for further five-year periods and the Secretary of State sends a renewal notice roughly six months before expiration. Wyoming also modernized its filing through an online portal at trademarks.wyo.gov. State registration requires actual use of the mark in Wyoming before you apply. It does not create nationwide rights, which is why businesses with interstate or online sales typically pair or replace it with a federal USPTO registration.
Relevant Laws
Wyoming Trademarks and Service Marks Act, Wyo. Stat. 40-1-101 et seq.
The state statute governing registration of trademarks and service marks in Wyoming (sections 40-1-101 through 40-1-116), including definitions, the registration application, the five-year term, and renewal.
Wyoming Secretary of State - Trademark Registration
The official Secretary of State page and online portal for searching and filing Wyoming trademark and service mark registrations. The $100-per-class fee applies to each class filed.
Wyoming Uniform Trade Secrets Act, Wyo. Stat. 40-24-101 et seq.
Wyoming's adoption of the Uniform Trade Secrets Act (sections 40-24-101 through 40-24-110), protecting confidential business information against misappropriation and providing damages and injunctive remedies.
Lanham Act (Trademark Act of 1946), 15 U.S.C. 1051 et seq.
The federal trademark statute administered by the USPTO. Federal registration gives nationwide rights that a Wyoming state registration cannot, and is the route for interstate or online businesses.
Regional Variances
Wyoming state registration vs. federal and common-law rights
Wyoming (Secretary of State, Wyo. Stat. 40-1-101)
Protection only within Wyoming. $100 per class, filed one class per application, effective for a five-year renewable term. Requires actual use of the mark in Wyoming before filing.
Federal (USPTO, Lanham Act)
Nationwide priority, presumption of ownership, registered-symbol use, and federal-court enforcement. $350 per class with multi-class applications allowed, and a ten-year renewable term.
Common law (use alone)
Unregistered rights arise from use but are limited to the actual Wyoming trading area. Free, but the hardest to prove and no registered symbol.
Related Wyoming business-information protections
Trade secrets (Wyo. Stat. 40-24-101 et seq.)
Wyoming has adopted the Uniform Trade Secrets Act, allowing suits for misappropriation of confidential information with damages and injunctive relief.
Right of publicity (common law)
Wyoming has no publicity statute. Name, image, and likeness claims rely on the common-law appropriation tort recognized under the state's right of privacy.
Suggested Compliance Checklist
Verify actual use of the mark in Wyoming
Before filing days after startingConfirm the mark is genuinely in commercial use in Wyoming, since state registration under Wyo. Stat. 40-1-101 has no intent-to-use option and requires prior use.
Search the Wyoming and USPTO trademark databases
Before filing days after startingSearch the Secretary of State portal at trademarks.wyo.gov and the USPTO database for conflicting marks that could block your Wyoming filing or expose you to an infringement claim.
Identify the class and gather a specimen
Before filing days after startingDetermine each class your mark covers, remembering Wyoming charges $100 per class and files one class per application, and collect a specimen showing the mark in use.
File the Application for Registration of Trademark
When ready days after startingSubmit the Wyoming Secretary of State application with owner details, the mark, goods or services, class, use dates, and the $100 per-class fee for each class filed.
Calendar the five-year renewal deadline
Before the 5-year term ends days after startingA Wyoming registration lasts five years. Watch for the Secretary of State renewal notice about six months out and renew within the six-month window so the mark does not lapse.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify actual use of the mark in Wyoming | Confirm the mark is genuinely in commercial use in Wyoming, since state registration under Wyo. Stat. 40-1-101 has no intent-to-use option and requires prior use. | - | Before filing |
| Search the Wyoming and USPTO trademark databases | Search the Secretary of State portal at trademarks.wyo.gov and the USPTO database for conflicting marks that could block your Wyoming filing or expose you to an infringement claim. | - | Before filing |
| Identify the class and gather a specimen | Determine each class your mark covers, remembering Wyoming charges $100 per class and files one class per application, and collect a specimen showing the mark in use. | - | Before filing |
| File the Application for Registration of Trademark | Submit the Wyoming Secretary of State application with owner details, the mark, goods or services, class, use dates, and the $100 per-class fee for each class filed. | trademark-application | When ready |
| Calendar the five-year renewal deadline | A Wyoming registration lasts five years. Watch for the Secretary of State renewal notice about six months out and renew within the six-month window so the mark does not lapse. | - | Before the 5-year term ends |
Frequently Asked Questions
No. The Wyoming Secretary of State requires a separate application and a separate $100 fee for each class of goods or services. If your mark falls within two class codes, you must file and register it twice, once for each class, rather than paying a single combined multi-class fee like the USPTO permits.
Yes. Wyoming adopted the Uniform Trade Secrets Act, codified at Wyo. Stat. 40-24-101 through 40-24-110. It protects information that derives independent economic value from not being generally known and that is the subject of reasonable efforts to keep it secret, and it lets owners sue for misappropriation and recover damages and injunctive relief.
Wyoming has no dedicated right-of-publicity statute. Protection for a person's name, image, or likeness comes instead from common law. The Wyoming Supreme Court recognized a common-law right of privacy in 2017, and the appropriation tort, which functions like a right of publicity, is generally understood to exist under that framework.: confirm the specific 2017 Wyoming Supreme Court decision name.
No. Wyoming registration requires that the mark already be in use in the state, so there is no intent-to-use filing basis at the state level. If you want to reserve rights before you begin selling, the federal USPTO intent-to-use application under Section 1(b) is the route to consider instead of a Wyoming filing.
No. A registration under Wyo. Stat. 40-1-101 only gives rights within Wyoming and cannot stop use of a similar mark in another state. For protection beyond Wyoming, including nationwide priority and the ability to sue in federal court, you need a federal registration with the USPTO under the Lanham Act.
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