Business FAQs

Contents
Attachments
Beginning a business
Business survey information
Certificate of Good Standing
Certifications
Dissolution and reinstatement
Electronic filing
Email notification
Entity names
Filing documents and finding information
Foreign (outside of Colorado) business entities
Glossary
Missing, illegible, or incorrectly indexed records
Noncompliance and delinquency
Periodic reports
Personal identifying information
Professional service companies
Public benefit corporations
Registered agent
Secure business filing
Tax information
Trademarks
Trade names

 

Trademarks

Q1. What is a trademark?

A1.  A trademark is any word, name, symbol, device or any combination thereof adopted and used by a person to identify goods made or sold or services rendered, and to distinguish them from goods made or sold or services rendered by others. For more information, see Article 70 of Title 7, C.R.S.

 

Q2. Can I trademark my business name?

A2.  A business name is not generally eligible for registration as a trademark, except when the name is used for advertising or placed on goods, i.e., when the name of the entity is used to describe the source of goods or services. You may wish to contact an attorney to discuss ways of protecting your business name and whether you should trademark your business name.

 

Q3. How do I file a trademark in Colorado?

A3. A Statement of Registration of Trademark must be electronically filed.

A trademark can be filed on its own by one of the following:

Or, a trademark can be filed as part of an existing record for:

To file a trademark on its own, go to the Business Home page, select “File a business document”, click on "File a form to create a new record" and select the option to register a trademark. Instructions may be obtained by selecting “Help on this page” when completing the Statement of Registration of Trademark online.

To file a trademark as part of an existing record:

  1. From the Business Organizations page, select “Search business database”.
  2. Enter the record name or ID number and click “Search”.
  3. If you enter a name, a list of entities with similar names will display. Select the ID Number of the appropriate entity.
  4. On the Summary page, select “File a Form”.
  5. On the “Documents Available for Filing” page, select “Statement of Trademark Registration of a Reporting Entity”.

 

Q4. How long is a trademark effective?

A4.  Trademarks are effective for a period of 5 years before renewal is required. The 5 year effectiveness period begins on the date it’s filed in our office.

All trademarks can be renewed up to 6 months before the expiration date to extend the effective period an additional 5 years. If a trademark is not renewed before the expiration date, the trademark will expire. Expired trademarks cannot be renewed.

           

Q5. How do I change trademark information?

A5.  To make changes to a trademark, there are different documents that can be electronically filed depending on what information you wish to change. Refer to the Business Forms List for documents available to file.

The instructions for filing can be found next to the form on the Business Forms List, or select “Help on this page” while filing.

 

Q6. Why doesn’t my color trademark appear in color on the website?

A6.  Any trademarks submitted prior to May 29, 2007 display in black and white only. As of May 29, 2007, trademarks can be attached as PDF, .TXT, and JPG documents. This allows for color versions of trademark attachments.

 

Q7. Will registering my trademark in Colorado protect it against a federal trademark?

A7.  No. Filing a Statement of Trademark Registration with the Secretary of State’s office does not protect it against a federal trademark or copyright. For more information on filing federal trademarks, contact the United States Patent and Trademark Office.

 

Q8. How do I withdraw my trademark filed with the Secretary of State?

A8.   To withdraw a trademark, a Statement of Withdrawal of Trademark Registration may be filed.

  1. From the Business Organizations page, select “Search business database”.
  2. Enter the record name or ID number and click “Search”.
  3. If you enter a name, a list of entities with similar names will display. Select the ID Number of the appropriate entity.
  4. On the Summary page, select “File a Form”.
  5. On the “Documents Available for Filing” page, select “Statement of Withdrawal of Trademark Registration”.

Q9. Where do I find the class of goods and services (class code) that is required information on the Statement of Registration of Trademark form?

A9.  The class codes can be found in the Statement of Trademark Registration instructions. To access the instructions, select “Help on this page” when submitting a Statement of Trademark Registration.

The class codes are available on the United States Patent and Trademark Office website. This list conforms to Federal Law and is current as of November 28, 2017. For a more comprehensive or updated list, please refer to the United States patent and trademark office’s Schedule of Goods and Services as published in 37 C.F.R. §6.1. For more information you may also refer to §7-70-101(1), C.R.S.

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