An Alabama trade name registration is filed with the Secretary of State’s Lands and Trademarks Division, costs $30, and requires three specimens showing you are already using the name in commerce.1Alabama Secretary of State. Trademarks The whole process runs through one form that covers trademarks, service marks, and trade names, and once approved the registration lasts five years.
Do You Actually Need to Register
Alabama does not require every business to register a trade name. Rights to a name come through common law, so the first person to adopt and actively use a name in Alabama already holds rights to it whether or not they file anything.1Alabama Secretary of State. Trademarks Registration puts that claim on the public record.
Some businesses benefit more than others. Sole proprietors and general partnerships default to the owner’s personal name, so anyone wanting to operate under something more marketable almost always files. LLCs and corporations that want to do business under a name different from the one in their formation documents have the same reason. The certificate is also what many banks want to see before opening an account under the trade name, and licensing agencies and vendors often ask for it too.
Search the Database Before You File
Before you spend time on the application, check whether your name is already taken. The Secretary of State keeps a free, searchable database of registered trademarks, service marks, and trade names. You can search by mark description, applicant name, or registration number through the Government Records Inquiry System.2Alabama Secretary of State. Trademark Records
A clean result is not a guarantee. Someone can hold common law rights without ever registering. But if you find an existing registration for the same or a confusingly similar name, you know right away to pick something else. Five minutes of searching can save you the fee and weeks of waiting on a rejection.
What to Gather for the Application
Alabama uses a single form, the Application to Register or Renew Trademark, Service Mark, or Trade Name, available on the Secretary of State’s website or from the Lands and Trademarks Division.3Secretary of State of Alabama. Instructions for Application to Register / Renew Trademark, Service Mark, or Trade Name in Alabama Before you start filling it out, pull together:
- The exact trade name as it appears in your business materials.
- The full legal name and mailing address of the owner, whether that is an individual, partnership, LLC, or corporation.
- The date the name was first used anywhere and the date it was first used in Alabama. You cannot register a name you have not started using yet.
- A clear description of the type of business, occupation, or profession using the name.
- Three specimens showing the name in actual use. Business cards, brochures, flyers, labels, decals, tags, newspaper ads, website screenshots, and social media pages all qualify, as long as they are clear and legible.3Secretary of State of Alabama. Instructions for Application to Register / Renew Trademark, Service Mark, or Trade Name in Alabama
Picking a Classification
The application asks you to classify your business. Alabama follows the USPTO’s classification system for goods and services and maintains its own list of 25 business classifications for trade names, covering categories such as construction, retail trade, and finance.4Alabama Legislature. Alabama Code 8-12-14 – Classification of Goods, Services and Businesses Most applicants fall into one class. If you operate across distinct industries under the same name, be ready for the possibility of a separate fee per class.
Filing and Fees
Trade names in Alabama are handled entirely at the state level through the Lands and Trademarks Division.1Alabama Secretary of State. Trademarks No county probate filing is required. You have two ways to submit:
- By mail: send the completed application, three specimens, and a $30 filing fee by check or money order payable to the Alabama Secretary of State.3Secretary of State of Alabama. Instructions for Application to Register / Renew Trademark, Service Mark, or Trade Name in Alabama
- Online: file through the Secretary of State’s portal. The $30 fee is the same, with a small processing surcharge for electronic filing.
Once the application is reviewed and approved, you receive a Certificate of Registration. That certificate is your official proof of registration.
How Long It Lasts and When to Renew
A trade name registration lasts five years from the date of registration.1Alabama Secretary of State. Trademarks You can renew for successive five-year terms as long as you are still using the name in Alabama. Watch the timing: the renewal application must be filed six months before the expiration date, not at expiration and not after.5Alabama Secretary of State. Instructions for Application to Renew Trademark, Service Mark, or Trade Name in Alabama Miss that window and you risk losing the registration.
Renewal uses the same form as the initial filing with two differences: you submit one specimen instead of three, and the fee is $30.3Secretary of State of Alabama. Instructions for Application to Register / Renew Trademark, Service Mark, or Trade Name in Alabama Put a calendar reminder in well before the six-month window opens.
What Registration Does Not Do
An Alabama registration creates a public record and strengthens your ability to prove when you started using the name. It does not give you a federal trademark. Federal protection requires a separate application to the United States Patent and Trademark Office and covers the whole country; your Alabama registration only covers Alabama.
State registration does not guarantee exclusivity on its own either. Your underlying rights still come from being the first to adopt and use the name in commerce.1Alabama Secretary of State. Trademarks If you register and then stop using the name for a long stretch, someone else who picks it up and uses it actively can build stronger common law claims.
After the Certificate Arrives
Open a business bank account under the trade name if you have not already, since the certificate is typically what the bank wants to see. Update your business licenses, permits, and tax registrations so the trade name shows up consistently across agencies. It is also worth asking your insurance carrier to add the trade name as a DBA on your policy and confirming in writing that claims under the trade name are covered, since a policy that lists only the legal name can leave a gap.