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.

To file a trademark that’s owned by an existing business 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”.

To file a trademark that’s not related to an existing business record:

1. Go to the Business Home page.
2. Select “File a business document”.
3. Click on "File a form to create a new record".
4. Select the option to register a trademark.

Instructions can be found by selecting “Help on this page” when completing the Statement of Registration of Trademark online.

Q4. Where do I find the class of goods and services (class code) that is required information on the Statement of Registration of Trademark form?

A4. The class codes are available on the United States Patent and Trademark Office website. In addition, a search may be performed at http://tess2.uspto.gov/netahtml/tidm.html to help determine the proper class for the goods or services.

Classes of goods and services*:

*The list of goods and services conforms to the United States patent and trademark office’s International Schedule of Goods and Services as of November 29th, 2019 and as published in 84 C.F.R. § 6.1. For more information refer to § 7-70-101 (1), C.R.S.

Q5. How long is a trademark effective?

A5. Trademarks are effective for a period of 5 years before renewal is required. The 5-year period begins on the date it’s filed in our office.

All trademarks must be renewed on or before the 5-year anniversary date to extend the effective period an additional 5 years. The trademark must be renewed during the timeframe of 180 days prior to the expiration date or the trademark will expire. Expired trademarks cannot be renewed. You would need to refile as a new trademark.

Q6. How do I change trademark information?

A6. To make changes to a trademark, there are different documents that can be electronically filed depending on what information you wish to change.

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 the form listed that makes the appropriate change.

The instructions for filing can be found next to the form on the Business Forms List, or you can select “Help on this page” in the left margin of the page you’re on while filing.

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

A7. No. Registering a trademark 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 or contact an attorney or business advisor.

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”.

The instructions for filing can be found next to the form on the Business Forms List, or you can select “Help on this page” in the left margin of the page you’re on while filing.

Q9. Why doesn’t my color trademark appear in color on the website?

A9. 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. You could file a correction to add an attachment showing your color trademark.