Register a Trademark in Kansas 2023: Protect Your Brand Today

LLCBase is your go-to place for everything about LLCs, and it's led by Brian Cohan, who's an expert in the field. Brian and our team are here to give you clear and helpful advice on how to set up and manage an LLC. We've been through the process and know the ins and outs. Our articles and guides are based on real experiences, making them practical for you. We're committed to helping you make smart choices for your business. With LLCBase, you're in good hands as you navigate the world of LLCs.

How to Register a Trademark in Kansas

Stand out in the competitive business arena with a solid brand identity! Register your Kansas trademark to ensure your brand’s distinctiveness and prevent infringement. Let this comprehensive roadmap guide you – safeguard your brand with ease.

Embrace clarity and success – this step-by-step guide simplifies Kansas LLC formation and trademark registration. Together with LLCBase expert guidance, secure your brand’s future in Kansas and beyond. Embark on your journey to protect your priceless brand asset today!

What is a Trademark

A trademark is a distinctive sign, symbol, logo, word, phrase, or combination of these elements used to identify and represent a company’s products or services. It distinguishes a brand from its competitors and helps consumers recognize the source of a particular product or service. Trademarks are crucial in building brand identity, reputation, and consumer trust.

Trademarks can include various forms, such as:

  • Standard Character Mark: This type of trademark consists of words, letters, or numbers without any specific design or styling. It protects the textual element of the mark, regardless of the font, color, or size used in its presentation.
  • Stylized/Design Mark: This type of trademark includes unique designs, logos, or stylizations of characters that create a distinctive visual representation of a brand. The protection offered by this trademark is limited to the specific design elements and their arrangement.
  • Sound Mark: This trademark protects a unique sound or audio element associated with a brand, such as a jingle, tune, or distinctive product sound.
  • Color Mark: This type of trademark protects a specific color or combination of colors when used in connection with a company’s products or services, representing a brand’s identity.
  • Three-Dimensional Mark: This type of trademark protects the unique shape, packaging, or configuration of a product or its container, which helps consumers identify the product’s source.

Suppose you aspire to safeguard your intellectual property rights and garner greater brand recognition in Kansas. We recommend consulting a professional to guide you!

Recommended: Protect your brand’s identity in Kansas – choose a trademark expert for a seamless trademark registration process. Safeguard your intellectual property today! We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Register Your Kansas Trademark: Step-by-step

Here is a detailed, step-by-step guide on how to register your trademark in Kansas.

Step 1: Check if a Trademark is For You

Before proceeding with your Kansas trademark registration, consider whether a trademark application is the best option for your business. Ensure that your mark is unique and easily distinguishable from existing trademarks in the market. Evaluate its potential value to your brand and whether it is worth investing in the registration process. Remember that trademarks can be registered at the state and federal levels, so consider which level of protection suits your business needs.

In that case, it is recommended to enlist the assistance of the top trademark service provider in Kansas for a seamless trademark registration process and effective enforcement against potential infringers.

LLC Services

Rating & Pricing

Top Features

Learn More

#1 Editor's Choice

$599 + Federal Fee

  • Trademark Search

  • Trademark Registration

  • Trademark monitoring


  • Single Subscription

  • Trademark Registration

  • Attorney service for Trademark

Step 2: Choosing the Right Trademark

Before applying for trademark registration in Kansas, conduct a comprehensive trademark search through the KansasTrademark Search  to ensure your mark still needs to be registered or is pending registration. You can use the United States Patent and Trademark Office (USPTO) Trademark Electronic Search System (TESS) for this search. This step is crucial to avoid potential conflicts and infringement issues with existing registered trademarks.

Additionally, familiarize yourself with the USPTO’s trademark filing basis and choose the most appropriate one for your application, such as “use in commerce” or “intent to use.”

Factors to consider when selecting a protectable trademark:

  • Selecting a mark: It is crucial to choose your mark carefully, as not all marks are registrable with the USPTO or legally protectable. Before filing a trademark or service mark application, consider whether the mark you want to register is registrable and the difficulty in protecting your mark based on the strength of the mark selected.
  • Mark format: You need to identify the format of your mark: a standard character mark, a stylized/design mark, or a sound mark. Each format has its specific requirements and considerations.
  • Identification of goods and services: It is essential to identify the precise goods and/or services to which the mark will apply. This information helps determine the scope of protection for your trademark.
  • Searching: Before applying, search the USPTO database for similar trademarks to ensure no one else claims rights in a similar mark used on related goods/services through a federal registration.
  • Filing basis: Determine your filing basis before submitting your application. This information is crucial for the proper processing of your application.
  • Trademark Attorney: If you are foreign-domiciled, you must be represented by a U.S.-licensed attorney at the USPTO. For those domiciled in the United States or its territories, hiring a U.S.-licensed attorney specializing in trademark law is strongly recommended, although optional, to guide you through the application process.

Step 3: Prepare and Submit Your Application

To register a Kansas trademark, you must apply with the USPTO using their Trademark Electronic Application System (TEAS). Look for a reliable trademark service in Kansas to guide you with your trademark registration. The application should include the following information:

  • The name of the applicant (individual, corporation, partnership, or other legal entity)
  • A valid mailing address and email address
  • A clear and accurate depiction of the mark (either in standard characters or a stylized/design format)
  • A detailed description of the goods or services associated with the mark
  • The appropriate filing basis (e.g., “use in commerce” or “intent to use”)
  • The filing fee varies depending on the type of application form you choose (TEAS Plus and TEAS Standard)

Recommended: Eager to register your trademark seamlessly? Look no further! Opt for a top-rated business solution for trademark registration. Unlock the door to hassle-free success! We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Step 4: Work With the USPTO

After submitting your application, a USPTO examining attorney will review it to ensure it meets all legal requirements. The attorney may communicate with you to request additional information or clarification before approving your Kansas trademark registration. It is essential to respond promptly and accurately to any inquiries or requests from the examining attorney to ensure your application is completed on time.

Step 5: Receive Approval/Denial of Your Application

Upon approval, the USPTO will issue a Notice of Allowance for “intent to use” applications or a Notice of Publication for “use in commerce” applications. The Notice of Publication will include when your mark is published in the Official Gazette, allowing third parties to oppose your registration within 30 days. If no opposition is filed or if the opposition is resolved in your favor, the USPTO will register your trademark and issue a registration certificate.

If your application is denied, the examining attorney will issue an Office Action detailing the reasons for refusal. You have six months to respond to the Office Action and address the issues raised by the examining attorney. Your application will be abandoned if you fail to satisfy the requirements or overcome the refusal.

Step 6: Maintain Your Registration

After successfully registering your Kansas trademark, you must maintain it by filing periodic maintenance documents and fees with the USPTO. The first maintenance filing is due between the 5th and 6th year after registration, followed by a second filing between the 9th and 10th year, and subsequent filings every ten years after that. Please file the required maintenance documents and fees to avoid the cancellation of your trademark registration.

By diligently following these steps and staying informed about the ongoing requirements, you can successfully register and maintain a Kansas trademark, protecting the brand and reputation of your LLC in Kansas.

Recommended: Ready to register your trademark effortlessly? Join countless satisfied customers and choose the best trademark service. Experience seamless success! We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Fees to Register Trademark in Kansas

The fees for registering a trademark in Kansas are determined by the United States Patent and Trademark Office (USPTO) as trademarks are registered at the federal level. The exact fees depend on the type of application form you choose and the number of classes of goods and services you include in your application. The USPTO offers two types of application forms:

  • TEAS Plus: This application form requires a filing fee of $250 per class of goods or services. The TEAS Plus form has stricter requirements, such as providing a more detailed description of the goods or services and selecting from the USPTO’s Acceptable Identification of Goods and Services Manual.
  • TEAS Standard: This application form has a filing fee of $350 per class of goods or services. The TEAS RF form has fewer requirements than the TEAS Standard form, but you must still meet certain filing requirements.

Remember, these fees are only for filing the initial application with the USPTO. Additional fees may apply during the registration process, such as fees for filing a Statement of Use, requesting an extension of time, or maintaining your trademark registration.

It is essential to consider the fees associated with trademark registration in Kansas as part of your overall strategy for protecting your brand and ensuring its success. Please note that these fees are subject to change, and it is always a good idea to check the USPTO’s current fee schedule for the most accurate information when filing.

Advantages of Trademark Registration in Kansas

Registering a trademark in Kansas offers significant advantages for entrepreneurs who want to start a business in Kansas, including:

  • Exclusive Rights to Use the Trademark: When registering a trademark in Kansas, you obtain exclusive rights to use the mark within the state for the goods and services specified in your registration. No other business can use your trademark without your permission, preventing consumer confusion and protecting your brand’s reputation.
  • Legal Protection and Presumption of Ownership: Kansas trademark registration protects against unauthorized use of your mark. In case of infringement, you have the right to take legal action and seek remedies, such as monetary damages and injunctions. Additionally, having a registered trademark in Kansas proves your ownership and gives you a presumption of validity in legal disputes.
  • Public Notice of Ownership: Registering your trademark in Kansas puts the public on notice of your claim to ownership of the mark. This can help deter potential infringers from using your trademark, as they will know your rights and the risk of legal consequences.
  • Licensing Opportunities: You can license your mark to other businesses with a registered Kansas trademark. Licensing can generate additional revenue for your business and expand your brand’s presence in the market.
  • Trademark Registration as a Business Asset: A registered trademark in Kansas is a valuable business asset that can increase the overall value of your company. It can be used as collateral for loans, sold, or transferred as part of a merger or acquisition.
  • Basis for Federal Trademark Registration: If you plan to expand your business beyond Kansas, having a state trademark registration can serve as a basis for applying for federal trademark registration with the United States Patent and Trademark Office (USPTO). Federal trademark registration offers nationwide protection and additional benefits, such as the ability to register your trademark in foreign countries.


Why should I register my trademark?
Registering your trademark provides you with additional legal protection and helps prevent others from using similar marks on their products or services.
Can I register my trademark at the state level in Kansas?
Yes, you can apply for state trademark registration in Kansas.
How do I search for existing trademarks in Kansas?
You can search for existing trademarks using the Kansas Secretary of State’s online database.
What are the costs involved in registering a trademark in Kansas?
The standard fee for registering a trademark in Kansas is $25 per class of goods or services.
How long does the registration process take in Kansas?
The processing time for a trademark application in Kansas can vary, but the average is 4-6 months.
Do I need to have a lawyer to register my trademark in Kansas?
No, you can register your trademark in Kansas on your own without a lawyer.
What should I do if my trademark application is rejected in Kansas?
You can appeal the decision by filing a response to the rejection notice within six months of the date of the notice.
Is my Kansas trademark registration valid outside of Kansas?
No, your Kansas trademark registration is only valid within the state of Kansas.
Can I file for both state and federal trademark registration for my business in Kansas?
Yes, you can file for both state and federal trademark registration for your business in Kansas.
How do I renew my trademark registration in Kansas?
You must renew your trademark registration in Kansas every five years by filing a renewal application with the Secretary of State’s office.
Can I use my pending trademark application in Kansas to stop others from using my mark?
You cannot use a pending trademark application to stop others from using your mark until it has been approved and registered.
Can I sell or assign my Kansas trademark registration to another person?
Yes, you can sell or assign your trademark registration to another person in Kansas.
How do I change my trademark after it has been registered in Kansas?
You can file a request to amend your trademark registration with the Secretary of State’s office.
What is a trademark search report?
A trademark search report gives you information on similar trademarks that may pose a conflict with your intended trademark.
Do I have to file an intent to use application if I am not using my trademark yet in Kansas?
No, you are not required to file an intent to use application in Kansas like you would with federal registration.
Can I file my Kansas trademark application online?
Yes, you can file your Kansas trademark application online through the Secretary of State’s website.
How do I verify my trademark is available in Kansas?
You can verify your trademark is available in Kansas by conducting a thorough search of existing trademarks using the Secretary of State’s online database.
How long does my trademark registration last in Kansas?
Your trademark registration will last 10 years from the date of registration, but it can be renewed indefinitely.
Do I need to use a certain format when submitting my trademark application in Kansas?
No, there is no set format for submitting a trademark application in Kansas, but it must meet the requirements outlined in the application.
Can I trademark my company name in Kansas?
Yes, you can trademark your company name in Kansas if it meets the criteria for trademark protection.
What are the benefits of trademark registration in Kansas?
Trademark registration provides you with added protection from infringement, the ability to enforce your exclusive right to use of the mark, and it can increase the value of your business.
What types of trademarks cannot be registered in Kansas?
Trademarks that are identical or similar to an existing registered trademark, trademarks that are descriptive or generic, or trademarks that infringe on the rights of others cannot be registered.
Will my trademark registration expire if I don’t use my mark in Kansas?
Your trademark registration will not expire if you don’t use it in Kansas, but it can become vulnerable to cancellation if someone later challenges the registration based on non-use.
Can I register a trademark for a product I haven’t created yet in Kansas?
No, you must have used the trademark in commerce in Kansas as a term in connection with the sale of goods to obtain registration.
What should I do if I find someone infringing on my Kansas registered trademark?
You should contact an attorney who specializes in trademark law to help you take appropriate legal action.
How often should I monitor my trademark to ensure it is not being infringed upon in Kansas?
You should monitor your trademark regularly to ensure it is not being infringed upon in Kansas, especially if your trademark is valuable.
What is the purpose of a trademark in Kansas?
The purpose of a trademark is to protect consumers by ensuring that they can recognize the source of products or services they purchase and to protect the goodwill and reputation of the trademark owner.
Why should I register a trademark?
Registering a trademark gives you exclusive rights to use that mark on your goods or services. It also helps protect your brand from infringement by others.
Do I need to register my trademark in Kansas or with the federal government?
While you can choose to register your trademark with the federal government, you may also register your trademark with the state of Kansas. Both options offer different benefits and protections.
How long does it take to register a trademark in Kansas?
The registration process typically takes a few months to complete, depending on the specifics of your application.
What is the fee to register a trademark in Kansas?
The fee to register a trademark in Kansas varies depending on several factors. You should consult with an attorney or contact the Kansas Secretary of State for details.
Can I register a logo as a trademark in Kansas?
Yes, logos can be registered as trademarks in Kansas, as long as they meet certain criteria.
Can I apply for a trademark in Kansas if I am not a resident of the state?
Yes, non-residents can apply for a trademark in Kansas, as long as the mark is being used in the state or related to goods or services offered in the state.
Can I register a trademark that is similar to an existing one in Kansas?
No, you cannot register a trademark in Kansas that is likely to cause confusion with an existing registered mark.
What is a service mark?
A service mark is similar to a trademark, but instead of identifying goods, it identifies a service (e.g. a logo for a landscaping company).
What is the difference between a trademark and a copyright?
A trademark applies to branding elements and marks used to identify goods or services, while a copyright protects an original work of authorship (e.g. a painting, song, or book).
Do I need a lawyer to register a trademark in Kansas?
No, you are not required to use an attorney to register a trademark in Kansas. However, an attorney can provide valuable advice throughout the registration process.
What is the first step in registering a trademark in Kansas?
The first step in registering a trademark in Kansas is conducting a comprehensive search to make sure the mark is not already in use.
What is a trademark infringement?
Trademark infringement occurs when someone uses a mark that is similar to an existing registered mark in a manner that confuses consumers.
Can I use my trademark as soon as I file my registration application in Kansas?
You may begin using your trademark as soon as you file your application, but you do not have full legal protection until your application is approved.
What happens if my trademark registration is denied in Kansas?
If your trademark registration is denied in Kansas, you may appeal the decision or make changes to your application and re-apply.
Can I sell or license my trademark in Kansas?
Yes, you can sell or license your trademark in Kansas for others to use.
Can I apply for multiple trademarks at once in Kansas?
Yes, you can apply for multiple trademarks simultaneously in Kansas.
What is a trademark specification?
A trademark specification outlines the specific types of products or services with which your mark will be used.
How do I demonstrate that my trademark is in use in Kansas?
You will need to provide evidence that your trademark is actively being used in connection with related goods or services in Kansas.
How can I enforce my trademark rights in Kansas?
If someone infringes upon your trademark rights in Kansas, you can take legal action to protect your mark and seek damages.
What is a trademark cancellation?
A trademark cancellation is a legal proceeding in which a registered trademark is cancelled or invalidated due to misuse, abandonment, or another valid reason.
Can I register a trademark in Kansas and the federal government at the same time?
Yes, you can register a trademark in Kansas and with the federal government simultaneously.
What is a trademark watch service?
A trademark watch service is a tool that helps you monitor for new trademark applications that may infringe on your registered mark.
What is a disclaimer?
A disclaimer is a statement that clarifies that your trademark registration does not provide rights over a particular common word or phrase used in your mark.

Also Read


Registering a trademark in Kansas is crucial in protecting your brand’s identity and reputation within the state. By following the step-by-step guide in this article and understanding the fees and advantages associated with trademark registration, businesses can ensure their trademarks are adequately protected from infringement. Additionally, a registered Kansas trademark is a valuable business asset and can provide a foundation for future national and international expansion.

By investing in trademark registration, businesses can secure their brand’s identity, foster consumer trust, and promote long-term success. Visit LLCBase for more valuable insights and resources to help you navigate the trademark registration process in Kansas.

Leave a Comment