- 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 can trademark your business name.
- Q3. How do I file a trademark in Colorado?
- A3. As of May 29, 2007, to file a trademark in Colorado with the Secretary of State’s office, a Statement of Registration of Trademark must be electronically filed. Forms submitted on paper will no longer be accepted for filing. To file a trademark, 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.
- Q4. How long is a trademark effective?
- A4. As of May 29, 2007, any new trademark will be effective for a period of 5 years before renewal is required. The 5 year effectiveness period begins on the filing date. If the trademark is renewed on or after May 29, 2007, the trademark is effective for 5 years.
A trademark filed in Colorado prior to May 29, 2007, is effective for 10 years from the date it was filed. If the trademark is renewed prior to May 29, 2007, the trademark is effective for an additional 10 years.
All trademarks can be renewed up to 6 months before the expiration date to extend the effective period. 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 form/cover sheets that can be electronically filed depending on what information you wish to change. The following forms are available electronic transactions changing trademark information:
- Statement of Change of Trademark Information Changing the Registered Agent Information;
- Statement of Change of Trademark Information Regarding Resignation or Other Termination of Registered Agent;
- Statement of Change of Trademark Information Changing the Address for Service of Process by Appointing a Registered Agent;
- Statement of Change of Trademark Information Changing the Address for Service of Process; and
- Statement of Change of Trademark Information Changing the Principal Address. You may use this form to change the registrant’s address unless the registrant is a business entity on file with the Secretary of State’s office.
Instructions may be obtained by selecting “Help on this page” from the user interface screen for each Statement of Change.
To make the appropriate change, go to the Business Home page, select “File a document… affecting an existing record”, then search for the trademark and choose the applicable filing from the trademark’s Documents Available for Filing page.
Online filing instructions
- Q6. Why doesn’t my color trademark appear in color on the website?
- A6. The resources available to the Secretary of State’s office do not permit scanning documents in color. Therefore, any trademarks submitted prior to May 29, 2007, display in the electronic database in black and white only. As of May 29, 2007, trademarks can be attached as PDF, text 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. Questions should be addressed to your legal counsel.
- Q8. Can I cancel my trademark filed with the Secretary of State?
- A8. A trademark can be withdrawn, which has replaced the process of cancelling a trademark. To withdraw a trademark, a Statement of Withdrawal of Trademark Registration may be filed. First go to the Business Home page and select “File a business document”, and click on "File a form for an existing record". Search for the trademark to be withdrawn and select Statement of Withdrawal of Trademark Registration from the trademark’s Documents Available for Filing page.
- 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 are available on the United States Patent and Trademark Office website. The class codes can also 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 list of goods and services conforms to the United States Patent and Trademark Office’s International Schedule of Goods and Services as of May 29, 2007, and as published in 37 CFR 6.1. For more information refer to section 7-70-101 (1), C.R.S.
- Q10. Will the changes that took place on May 29, 2007, affect my Trademark filing?
- A10. Yes. The renewal period was reduced to 5 years. Trademarks filed prior to May 29, 2007, are still effective for 10 years; however, upon renewal that period changes to 5 years.