North Dakota Trademark / Service Mark Registration

• Statutory Authority NDCC, Chapter 47-22
• Forms
  • Trademark / Service Mark Registration SFN 13400 (520kb pdf)
  • Trademark / Service Mark Assignment SFN 13408 (181kb pdf)
  • Trademark / Service Mark Renewal Registration (Contact Secretary of State)
• 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 State’s Business Division: