Creating a Mark

Procedural Requirements
Registering a trademark or service mark allows you to establish an identity between your products and/or services and your organization. Your organization has the sole authority regarding the rules and regulations of its use.

To register a trademark or service mark, you must first submit an application, form 555, to the Secretary of State’s office. Filings cost $125 and can be expedited for an additional $100.

The form contains instructions for its completion and a description of each trademark or service mark classification with which a good or service can be identified. The form should be accompanied by a specimen or facsimile of the mark you would like to have approved. The mark must be in use prior to filing the application.

The registration is effective for a term of 10 years and can be renewed up to six months in advance of the expiration date. File form 523, accompanied by a $25 fee, to renew your mark.

What is a Trademark?
A "trademark" is defined in Ohio Revised Code (ORC) Section 1329.54 (A) as "any word, name, symbol or device or any combination thereof adopted and used by a person to identify goods made or sold by him, and to distinguish them from goods made or sold by others."

What is a Service Mark?
A "service mark" is defined in the ORC Section 1329.54 (B) as "a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names and distinctive features of radio or other advertising used in commerce