A trademark is defined by Wyoming law as “any word, name, symbol or device or any combination thereof adopted and used by a person to identify and distinguish” the goods or unique product of a person or company.
A service mark is the same, but in regards to unique services provided instead of goods.
Not every Wyoming corporation will need or want to register a trademark or service mark. It is not necessary to start a corporation or do business in Wyoming.
Prohibited Trademarks
Wyoming prohibits the registration of the following trade/service marks:
- Marks consisting of immoral, deceptive or scandalous matter
- Marks which may disparage or falsely suggest a connection with a person (living or dead), institution, belief or national symbol, or bring them into contempt
- Marks which consist of the flag or coat of arms or other insignia of the US, any state or municipality, or any foreign nation
- Marks which consist of the name, signature or portrait identifying a particular living individual (unless consent is given)
- Marks which are merely descriptive or deceptively misdescriptive
- Marks which are primarily geographically descriptively
- Marks which are primarily merely a surname
Also, clearly, a trademark or service mark cannot be the same or deceptively similar to trademarks and service marks already registered.
Submitting the Application
Once you have settled on a trademark or service mark, you must submit an Application for Registration of Trademark or Servicemark. This is filed with the Wyoming Secretary of State. There is a $100 filing fee.
The Application must be accompanied by at least one photocopy or facsimile of the trademark or service mark.
The Application must be signed and notorized.
You must indicate a Class Number and Title. This is the type of goods or services that will be provided under the trademark or service mark. There is a list of Class Numbers and Titles at the end of the Application form. If your goods or services fall within two separate class codes, you must file and register the trademark or service mark for each individual class. This means submitting more than one Application and paying a separate fee.
Mail Application to:
Wyoming Secretary of State
State Capitol Building, Room 110
200 West 24th Street
Cheyenne, WY 82002-0020
Renewing a Trademark
A trademark or service mark registration is only good for five years. In order to maintain the mark, you will need to file an Application for Renewal of Trademark or Service Mark Registration. There is a $50 filing fee.
All of the same filing procedures apply.