Business FAQs

Contents
Attachments
Beginning a business
Business survey information
Certificate of Good Standing
Certifications
Delayed effective date
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 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*:

Goods
001 Chemicals 018 Leather goods
002 Paints 019 Non-metallic building materials
003 Cosmetics & cleaning preparations 020 Furniture
004 Lubricants & fuels 021 Housewares & glass
005 Pharmaceuticals 022 Cordage & fibers
006 Metal goods 023 Yarns & threads
007 Machinery 024 Fabrics
008 Hand tools 025 Clothing
009 Electrical & scientific apparatus 026 Fancy goods
010 Medical apparatus 027 Floor coverings
011 Environmental control apparatus 028 Toys & sporting goods
012 Vehicles 029 Meats & processed foods
013 Firearms 030 Staple foods
014 Jewelry 031 Natural agricultural products
015 Musical instruments 032 Light beverages
016 Paper goods & printed matter 033 Wines & spirits
017 Rubber goods 034 Smokers' articles

Services
035 Advertising & business 041 Education & entertainment
036 Insurance & financial 042 Computer, scientific & legal
037 Construction & repair 043 Hotels & restaurants
038 Communication 044 Medical, beauty & agricultural
039 Transportation & storage 045 Personal
040 Material treatment

*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 C.F.R. § 6.1. For more information refer to § 7-70-101 (1), C.R.S.

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