Registering a Trademark in North Carolina

How state registration works in North Carolina, how it differs from a federal trademark, where to search the North Carolina register, and what to do before you file.

State vs. federal: what a North Carolina registration actually gets you

A North Carolina trademark registration is granted by the North Carolina Secretary of State and gives you rights inside North Carolina only. A federal registration from the United States Patent and Trademark Office gives you rights across all fifty states, the ability to use the ® symbol, a basis for suing in federal court, and a public record that other applicants will find when they run their own clearance searches.

State registration is usually cheaper and faster. It suits a business that trades in one state and has no plans to expand. It does not stop someone in another state from registering the same name federally and then asserting that federal registration against you. That asymmetry catches a lot of owners by surprise, and it is the single most important thing to understand before choosing between the two.

You also have common law rights from the moment you use a mark in commerce in a particular geographic area, even with no registration at all. Those rights are real but narrow, hard to prove, and limited to where you can show actual use.

Trademarks and the North Carolina economy

North Carolina's business base leans toward banking and finance, biotechnology in the Research Triangle, furniture, textiles and tobacco. Those sectors shape which classes matter locally: a business in one of them will usually be filing in the classes that cover its goods and the classes that cover the services it wraps around them, and conflicts tend to cluster there.

Trademark law itself is federal — the Lanham Act of 1946 governs registration and infringement nationwide, and it applies identically in North Carolina and everywhere else. What varies by state is the parallel state register, the fee, the forms, and how the state office handles examination. North Carolina's system sits alongside the federal one rather than replacing it.

Searching the North Carolina register

The North Carolina Secretary of State maintains the searchable state record:

Search the North Carolina trademark register →

Where the North Carolina trademark office is

North Carolina Secretary of State, Trademarks Section
2 South Salisbury Street
Raleigh, NC 27601

Confirm this address before mailing anything. Offices relocate and several states now require online filing. A paper application sent to a superseded address can be delayed or returned, and with it your filing date.

What to do once you are there:

  1. Search the exact name you want first.
  2. Then search each significant word on its own. A registration for one distinctive word can block a longer name built around it.
  3. Try obvious misspellings and sound-alikes. Registers are indexed by spelling, so a name that sounds identical but is spelled differently will not appear unless you search for it.
  4. Note that many state systems search business entity names and trademarks together, so some results will be company registrations rather than marks.

State systems are reorganised periodically. If that link no longer resolves, search for “North Carolina Secretary of State trademark search”.

Trademark filings from North Carolina, by the numbers

Drawn from our own index of the federal register, counting marks whose owner address of record is in North Carolina. Updated with each data refresh.

These count marks whose owner address of record is in North Carolina. Companies incorporated elsewhere — Delaware especially — may trade in North Carolina while filing under an out-of-state address, so treat this as a floor rather than a complete count.

158,639marks on record
55,624currently live
88,257reached registration
65%went abandoned or cancelled

The classes North Carolina files in most

Where the state's filings concentrate — and therefore where its register is most crowded.

Class 41 · Education and entertainment services 22,167 marks
Class 35 · Advertising and business services 20,650 marks
Class 25 · Clothing 19,878 marks
Class 9 · Electrical and scientific apparatus, software 13,595 marks
Class 42 · Computer and scientific services 12,754 marks

If you are filing in one of these classes in North Carolina, expect more competition for a name than the national average would suggest.

Filing volume over the last decade

20175,657 filings
20186,043 filings
20196,249 filings
20208,185 filings
20217,815 filings
20226,838 filings
20236,994 filings
20246,784 filings
20257,710 filings
20266,474 filings

The most recent year is usually incomplete, since applications continue to be indexed after filing.

The most reused words in North Carolina marks

Words appearing across the largest number of North Carolina filings. A name built on one of these starts from a weaker position, because the term is already doing work for many other owners.

Who holds the most marks in North Carolina

Owners of record with the largest portfolios in the state. These are the parties most likely to notice — and oppose — a new filing near their territory.

PEPSICO, INC.1,559 marks
PepsiCo, Inc.895 marks
Sealy Technology LLC270 marks
RAI Strategic Holdings, Inc.203 marks
Duke University188 marks
Reynolds Brands Inc.179 marks
KINGSDOWN, INC.179 marks
Market America, Inc.169 marks
Universal Yarn, Inc.166 marks
Lorillard Licensing Company, LLC154 marks

Recently filed from North Carolina

The latest applications on record from owners in the state.

BRIGHT TIDES CONSULTING WHERE CURRENTS ALIGN 20260907 · class 035 · live
B.E. S.A.V.V.Y. METHOD 20260907 · class 041 · live
LORAE 20260907 · class 042 · live
PERIGEE INSTITUTE 20260907 · class 009,041 · live
NORTH MEETS SOUTH CREATIONS 20260907 · class 025 · live
DIRTY EAST WEAR 20260907 · class 025 · live
SING BITCH 20260907 · class 028 · live
FESCUE RESCUE 20260907 · class 033 · live
POSA 20260907 · class 005 · live
PAULA PALOOZA 20260907 · class 025 · live
BABY CARAT 20260907 · class 014 · live
COME TO PRAY EVERY DAY 20260907 · class 041 · live

Major companies headquartered in North Carolina

The brands a North Carolina business is most likely to run into on the register — either as the owner of a conflicting mark, or as an example of how heavily a sector in this state is already trademarked. These are significant companies based in the state rather than a ranking, since revenue order shifts annually and headquarters move.

  1. Bank of America
  2. Lowe's
  3. Honeywell
  4. Duke Energy
  5. Nucor
  6. Truist Financial
  7. Labcorp
  8. Sonic Automotive
  9. Brighthouse Financial
  10. Krispy Kreme
  11. VF Corporation (operations)
  12. Advance Auto Parts

Large companies file defensively, often across many classes and often for names never brought to market. If your name sits near one of these brands' territory, search before you build on it.

Trademark matters connected to North Carolina

Variety Stores v. Walmart 2018

Litigated in the Eastern District of North Carolina, a regional retailer's rights in "The Backyard" produced a jury award of roughly $95 million against Walmart before substantial reduction — a landmark for how much a smaller registrant's rights can be worth.

Summaries are for orientation only. Confirm any case detail against the docket or a primary source before relying on it.

How to get a trademark in North Carolina

  1. Search the North Carolina state register

    Go to the North Carolina Secretary of State search page and run the searches described above. This tells you whether the name is already claimed inside North Carolina — but only inside North Carolina.

  2. Run a national search on TrademarkToolbox

    The state register is the smaller half of the picture. Use the free national search to check the same name against millions of federal records, including sound-alikes, plurals, near-spellings and marks that contain your name with a generic word attached. Select the classes you plan to file in, run the full screen, and download the PDF report — that report is what you take to an attorney so they start with the conflicts already identified rather than billing you to find them.

  3. Talk to a trademark attorney licensed in North Carolina

    We do not rank attorneys on quality — but we publish something more useful. Our Top Trademark Attorneys in North Carolina list ranks attorneys by how many trademark registrations they have actually obtained for North Carolina businesses, drawn from USPTO records and updated with every data refresh. Filing volume is not a measure of quality, but it is a measure of experience: these are the attorneys who navigate this process most often.

    See the Top Trademark Attorneys in North Carolina →

    Two further sources worth using alongside it:

    If you are not a US citizen or domiciled in the United States, the USPTO requires you to be represented by a US-licensed attorney to file. Even when it is optional, an attorney is who decides whether a conflict you found is fatal or workable — that judgement is the part software cannot do.

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