Ohio trademark information

The Ohio Revised Code Section 1329.54(A) defines a trade mark as “any word, name, symbol, device, or combination of any word, name, symbol, or device, that is adopted and used by a person to identify and distinguish the goods of that person, including a unique product, from the goods of other persons, and to indicate the source of the goods, even if that source is unknown.”

Please note that there are several additional restrictions to consider before attempting to register a trade mark.

Ohio service mark information

The Ohio Revised Code Section 1329.54(B) defines a service mark as “any word, name, symbol, device, or combination of any word, name, symbol, or device, that is adopted and used by a person to identify and distinguish the services of that person, including a unique service, from the services of other persons and to indicate the source of the services, even if that source is unknown.”

Please note that there are several additional restrictions to consider before attempting to register a service mark.

Registering a trademark or service mark

• One of the main benefits of registering your trademark or service mark is that the registration may serve as evidence in the event of an infringement claim.
• When you register a trademark or service mark in Ohio, the registration counts as public notice and the mark becomes available for public scrutiny. This is beneficial both for the owner of the mark and for future filers who wish to avoid using a mark that conflicts with a mark already in use.

Who will receive my registration?

In Ohio, both trade marks and service marks are registered with the Ohio Secretary of State’s Office.

Application form for registration

If you wish to register a trade mark or service mark in Ohio, you must fill out Form 555 and file it with the Secretary of State’s Office.

The form contains information about how to fill it out.

When you hand in the form, it must be accompanied by a specimen of the mark you wish to register. The mark must be in use, e.g. appearing on a letterhead or business card. This is important to remember, the mark must be in use before you can register it.

Online filing

You can complete the filing forms online at bsportal.sos.state.oh.us.

The filing fee can be paid using one of the major credit cards.

Mailing a paper form

The form is available for download and print out at the Secretary of State’s website: OhioSecretaryofState.gov .

You can also order the paper form by calling (877) SOS-FILE (877-767-3453) or emailing atbusserv@OhioSecretaryofState.gov .

Mail the filled out form to the address provided on the form, together with filing fee payment in the form of a check, money order or credit card authorization.

Filing it in person

To file the form in person, please visit the Ohio Secretary of State’s Client Service Center at 180 E. Broad St., suite 103 (Ground Floor), Columbus, Ohio 43215. It is open Monday-Friday, from 8 am to 5 pm.