A person who uses a trademark or service mark in this state may apply with
the Secretary of State to register a mark. Trademarks and service marks are
effective for five years and may be renewed six months prior to the
expiration date. Registrants are notified of pending expiration at least six
months prior to the expiration date. The ownership of a trademark or service
mark may be transferred by filing an assignment.
In accordance with Indiana law, all trademark and service mark transactions must be submitted online at INBiz.in.gov. All trademark filing fees are nonrefundable, whether the filing is accepted or rejected.
The Secretary of State's office maintains a searchable database of trademarks and service marks registered in this state.
The Secretary of State's office does not resolve conflicts over ownership of registered trademarks and service marks.
It is the applicant's responsibility to determine if a mark is already in use in other states or has been filed with the United States Patent and Trademark Office (USPTO). Failure to do so may result in a civil action being filed against you. The acceptance of a trademark filing by the Indiana Secretary of State does not establish rights to the mark.
Bear in mind that an Indiana complainant may recover treble damages or profits (3 times the damage or profit amount) and attorney's fees. The details for trademark protection and how to achieve it are best discussed with a trademark attorney.
It's important to understand the distinctions between trademarks/service marks and copyrights and patents, which are overseen by the federal
Copyrights vs. Patents