North Dakota Trademark / Service Mark Registration
- Statutory Authority NDCC, Chapter 47-22
- Federal Trademark Registration
A trademark or service mark is a word, symbol, device, or any combination thereof adopted and used by a person or business to distinguish goods or services made or sold from those made or sold by another.
While trademark or service mark registration is not required in North Dakota, a mark may be registered with the Secretary of State to establish exclusive right to the trademark in North Dakota. Any owner of a trademark or service mark registered with the Secretary of State may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitation thereof. Any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as deemed just and reasonable, and may require the defendants to pay to the trademark or service mark owner all profits derived or all damages suffered by reason of the wrongful manufacture, use, display or sale.
To register a trademark or service mark with the Secretary of State, file the Trademark Registration SFN 13400 (181kb pdf) or contact the Secretary of States Business Division:
Secretary of State
State of North Dakota
600 E Boulevard Ave Dept 108
Bismarck ND 58505-0500