The Minnesota trademark application is the form the Office of the Minnesota Secretary of State uses to register a trademark, service mark, certification mark or collective mark under Minnesota Statutes, Chapter 333. It is for an individual or organization that has already used the mark in Minnesota and wants it on the state register. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF and its instructions are published by the Secretary of State, and the application reaches that office only through its own channels.
Last updated
What is Trademark Application – Minnesota?
The Trademark Application is the Minnesota Secretary of State form, titled "Trademark, Service Mark, Certification Mark or Collective Mark," that an individual or organization files to register a mark in Minnesota under Minnesota Statutes, Chapter 333.
The form is issued by the Office of the Minnesota Secretary of State, a state office, and is a state-level filing. It is not a federal trademark application. It asks for the words or phrase to be registered, a written description of any logo design, the classification number, the specific goods or services, how the mark is displayed, the date of first use in Minnesota, and the name and address of the applicant. A signed certification closes the form, followed by an email address for official notices and a contact person.
Two limits shape the application. A mark must have been used commercially in Minnesota before it can be registered; if it has not yet been used in the state, the office cannot register it. And each application covers one phrase, one logo design and one classification: a separate application and fee is required for each classification you want.
A specimen of the mark as actually used in commerce must accompany the form. Everything on the form is public.
Who needs to file Trademark Application – Minnesota?
Individuals and organizations that use a trademark, service mark, certification mark or collective mark in Minnesota and want to register it with the Minnesota Secretary of State use this form. The applicant is the markholder; an organization lists its home jurisdiction and its principal place of business in that jurisdiction.
Conditions from the instructions:
- The mark must already have been used commercially in Minnesota. If it has not, you cannot register it with this office.
- You need a separate application for each phrase to be registered and for each classification, and only one logo design is allowed per application.
- Only one markholder, or an authorized agent, has to sign. An agent must indicate on the document that they act for the person or people whose signature would be required and that they are authorized to sign for them.
The form also asks for a person who can be contacted about it, who need not be the signer.
When to file Trademark Application – Minnesota
File the application once the mark has been used in commerce in Minnesota: the form requires the date of first use (month, day, year) and states that the mark must have been used before registration. Neither the form nor its instructions set a calendar deadline.
The email address you give may be used to send annual renewal reminders and other notices that may require action or a response, so keep it current with the office. The instructions give no processing time; the form offers expedited service for in-person and online filings, and the Business Services phone lines can answer questions about timing.
Documents you need
- One specimen or facsimile of the mark as you have actually used it in commerce; copies are acceptable. Examples: a business card, letterhead, advertisement clipping, label, picture or copies of such materials. A typewritten statement of the mark is not acceptable.
- The filing fee, payable to the MN Secretary of State, submitted together with the form; the amount depends on whether you file in person or online (expedited) or by mail.
How to fill out Trademark Application – Minnesota
Gather your specimen first
Item 1 requires a sample of commercial use. Prepare one specimen or copy of the mark as actually used, such as a label, letterhead, business card or advertisement clipping.
State the words or phrase
In Item 2, enter the words or phrase to be registered exactly as they appear on the specimen. Use a separate application for each phrase.
Describe any logo design
In Item 3, give a written description of the logo as it appears on the specimen. Leave it blank if there is no logo; stylized letters are not a logo design, and only one logo is allowed.
Enter the classification number
In Item 4, enter the trade or service mark classification number. The Secretary of State can provide the list of international classifications; each classification needs its own application and fee.
List the specific goods or services
In Item 5, name the specific goods or services in plain language, such as "t-shirts" or "dry cleaning services." Avoid indefinite terms and do not describe how the mark is used.
Explain how the mark is displayed
In Item 6, state how and where the mark appears on the goods or services, for example on containers, on tags or labels affixed to the goods, or stamped on the goods.
Enter the date of first use
In Item 7, enter the month, day and year the mark was first used in commerce in Minnesota by you or your predecessor(s). The mark must have been used before registration.
Enter the applicant's name and address
In Item 8, give the name and complete street address, city, state and ZIP code. An organization also enters its home jurisdiction and its principal place of business there.
Sign and date the certification
For Item 9, one markholder or an authorized agent signs, dates and prints their name and title. An agent must indicate that they act for the markholder and are authorized to sign.
Add email and contact details
Enter the email address for official notices, and check the box if you want it excluded from bulk data requests, to the extent Minnesota law allows. Then list a contact name and daytime phone number.
Review and download the PDF
Check that Items 2 to 8 match your specimen and that nothing required is blank. Download or print the completed PDF from FillingPDF, keep the signed original and prepare the package described under How to submit.
How to submit Trademark Application – Minnesota
You can file the Trademark Application online, in person or by mail with the Minnesota Secretary of State.
- Online: the instructions direct you to file your business document at www.sos.mn.gov.
- In person or by mail: Minnesota Secretary of State - Business Services, First National Bank Building, 332 Minnesota Street, Suite N201, Saint Paul, MN 55101. The office is staffed 8 a.m. – 4 p.m., Monday - Friday, excluding holidays.
- Phone: the lines are open 9 a.m. - 4 p.m., M-F. Metro Area 651-296-2803; Greater MN 1-877-551-6767.
Submit all items together: the form, the specimen and the filing fee. A fee applies, it is payable to the MN Secretary of State, and it differs between expedited in-person or online filings and mail filings; the form prints the current amounts. Keep the original signed copy for your records and send a legible photocopy for filing. If required information is missing, the document may be returned unfiled. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting a typewritten statement of the mark instead of a specimen showing the mark as actually used with the public.
- Listing words or a phrase on the form that differ from how they appear on the specimen; they must match exactly.
- Describing goods or services in indefinite terms such as "products," "services" or "advertising and business"; the application will be returned.
- Describing the mode of use (labels, stationery, business cards, menus, signs, advertising) in Item 5, which is for the specific goods or services only.
- Covering more than one phrase, more than one logo design or more than one classification in a single application; each classification needs its own application and fee.
- Describing stylized letters as a logo design in Item 3; stylized letters are not a logo design.
- Applying for a mark that has not yet been used in Minnesota; the office cannot register it.
- Having an agent sign without indicating that they act for the markholder and are authorized to sign.
- Leaving required information out, which can lead to the document being returned unfiled.
Frequently asked questions
What is the Minnesota trademark application?
It is the Minnesota Secretary of State form for registering a trademark, service mark, certification mark or collective mark under Minnesota Statutes, Chapter 333. It records the mark, its classification, the goods or services, the first use in Minnesota and the applicant.
Can I register a mark that I haven't used in Minnesota yet?
No. The instructions say a mark must have been used commercially in Minnesota before registration, and that if it has not yet been used in the state you cannot register it with this office. Item 7 asks for the date of first use.
What do I attach to the Minnesota trademark application?
Attach one specimen or copy of the mark as you have actually used it, such as a label, letterhead, business card or advertisement clipping. A typewritten statement of the mark is not acceptable. Send the filing fee with the form.
Is there a fee to file, and how do I pay it?
Yes. The fee is payable to the MN Secretary of State and differs for expedited in-person or online filings and for mail filings. The form prints the current amounts. Each classification requires its own application and fee.
Can I register several classes on one application?
No. The form states that a separate application and fee is required for each classification. A separate application is also needed for each phrase, and only one logo design is permitted per application.
Who can sign the application?
Only one markholder listed, or an authorized agent, must sign. An agent must indicate on the document that they act for the person whose signature would be required and that they are authorized to sign on that person's behalf.
Where do I send the Minnesota trademark application?
File in person or by mail with Minnesota Secretary of State - Business Services, 332 Minnesota Street, Suite N201, Saint Paul, MN 55101, or file online through www.sos.mn.gov. Send the form, specimen and fee together.
Can I fill out this application online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the application with the Secretary of State; you submit it online, in person or by mail through the agency's channels.
Is the information on the application public?
Yes. The form states that all of the information on it is public. You may check the box to exclude your email address from bulk data requests, to the extent allowed by Minnesota law.
Ready to fill out Trademark Application – Minnesota?
Fill out Trademark Application – Minnesota now