How do I file a trademark in Indiana?

If you’re building a brand, whether it’s a business name, logo, slogan, or product name, you may be wondering, “How do I file a trademark in Indiana?” The key is understanding that you typically have two filing paths: an Indiana state trademark (limited to Indiana) and a federal trademark through the USPTO (nationwide protection).

Step 1: Decide state vs. federal trademark protection

Indiana state trademark registration is generally used when your business operates only in Indiana and you want a state-level registration on record with the Indiana Secretary of State via INBiz.

Federal trademark registration (USPTO) is usually the better fit if you sell online, plan to expand, or want broader protection across the U.S. Federal applications are filed online through the USPTO’s Trademark Center.

Step 2: Run a clearance search before you file

Before spending money on filing fees, it’s smart to search for confusingly similar marks:

• Search Indiana’s state trademark database (via INBiz).

• Search the USPTO trademark database for federal marks.

This step helps reduce the risk of rejection or worse, a cease-and-desist later.

Step 3: Identify what you’re protecting (and how you use it)

You’ll need to clearly define:

• The owner (individual vs. LLC/corporation)

• The mark (word mark vs. design/logo)

• The goods/services connected to the mark (often by class/category)

• A specimen showing real-world use (examples depend on goods vs. services)

  
  

Step 4: File your application

To file an Indiana trademark: Indiana requires trademark and service mark transactions to be submitted online at INBiz (Indiana Secretary of State). Keep in mind filing fees are nonrefundable even if the filing is rejected.

To file a federal trademark (USPTO): You file online using Trademark Center, which is the USPTO’s system for new applications and tracking status.

Step 5: Respond to any issues and keep your filing on track

After filing, you may need to answer questions or fix issues raised by the reviewing office. For Indiana filings, the Secretary of State’s role is registration/record maintenance, not enforcement.

Want to learn more about trademarks without the legal jargon? Join our webinar here: https://www.eventbrite.com/e/1982741752957/preview/

Ready to protect your name or logo now? Contact Brinkley Law today to get started.