How to Trademark in California
Picture your brand name lighting up like the Hollywood sign or rolling off the waves like a surfboard at Venice Beach. California is a place where bold ideas and standout brands take center stage — and protecting those names is key to standing out in this iconic business landscape.
Whether you’re launching an eco-conscious clothing line in San Diego, opening a tech startup in Silicon Valley, or building a food truck empire in LA, a trademark helps safeguard your identity.
In California, you can protect your brand name, logo, slogan, or other brand elements with either a state trademark or a federal trademark. The right path depends on your business goals — and this post will help you figure out which route to take.
What Makes California Unique for Business Owners
California isn’t just a state — it’s a brand in itself. Known for its innovation, diversity, and cultural influence, California fosters entrepreneurs across industries:
- Tech in Silicon Valley
- Entertainment in Los Angeles
- Agriculture and Wine in the Central Valley and Napa
- Health, Wellness, and Sustainability throughout the coast
In a state this dynamic, your business name could easily overlap with others — or be copied once it gains traction. From boutique brands in Joshua Tree to new labels on Sunset Boulevard, local identity often plays a starring role in your brand. That’s why trademark protection isn’t optional — it’s foundational.
Should You File a State Trademark or a Federal Trademark?
Here’s a quick checklist to help you decide if a California state trademark is a good fit right now:
✅ You only plan to do business within California
✅ Your business name is highly local (e.g., “Sacramento Solar Co.” or “Bay Area Brews”)
✅ You want faster, more affordable trademark protection
✅ You’re not ready to file at the federal level yet
✅ You’re planning to grow but need an interim layer of brand protection
Helpful tip: No matter what path you choose, comprehensive trademark research is the first (and smartest) step. This helps you avoid conflicts and protect your brand more confidently.
How to Register a Trademark in California
Registering a trademark with the California Secretary of State is a straightforward process — but it’s important to follow all requirements carefully.
Here’s how it works:
1. Be Actively Using the Mark in California
You must already be using the trademark or service mark in California commerce.
- For trademarks (goods/products), your items must be sold or distributed in California.
- For service marks, your services must already be provided in the state.
- Just advertising something before it’s sold or offered is not enough.
2. Prepare Specimens
You’ll need to include three (3) identical specimens showing your mark in use — such as product packaging, website screenshots, menus, or signage.
3. Complete the Application
The form asks for basic information:
- Your name and contact info
- A description of the mark
- The goods or services it applies to
- When you first used the mark
4. Submit with Payment
- Filing Fee: $70.00 per Classification
- Certified Copy Fee (optional; may be needed for legal or official use): $5.00
5. Know the Timeline
- Registration Duration: 5 years
- Renewal Window: You can renew within 6 months before expiration
- Renewal Fee: $30.00
As long as your mark remains in continual use, you can renew it every five years.
What About Federal Trademark Protection?
If your business reaches beyond California — or plans to — a federal trademark through the USPTO may be the better fit. Unlike state trademarks, federal registration offers nationwide protection, access to federal courts, and stronger enforcement tools for online platforms like Amazon, social media, and domain disputes.
To qualify, your mark must be used in interstate commerce — not just advertised. For California businesses, that could mean shipping products to other states, serving out-of-state clients, or having a website where customers in other states can buy directly.
Federal applications take longer, cost more, and are more complex — which makes comprehensive trademark research a must before filing. It’s the best way to avoid conflicts and protect your brand as you grow.
Trademark Search Tip for California Businesses
California is the land of big ideas — which means the chance of someone else already using your desired name is higher than average.
Here’s a tip: Don’t stop at the California Secretary of State database.
A strong search should also include:
- USPTO records (federal trademarks)
- Common law use (unregistered business names in use)
- Domain name availability
- Social media handles on platforms like Instagram, TikTok, and LinkedIn
This broad search helps ensure your brand is truly available — and avoids costly rebranding down the line.
Conclusion: Give Your California Brand a Head Start
Whether you’re opening shop in Oakland or scaling a skincare brand from Santa Monica, your name is your most valuable asset. Trademarking in California is a great first step — and knowing whether to go state or federal is part of building a smart business foundation.
Want help navigating the research, the requirements, or the registration?
Not sure which type of trademark is right for your business in California?
We can help you research and prep before you file — saving you time, money, and future headaches.