The program does NOT:

• Help participants change their identities or relocate.
• Remove or delete existing public records.
• Offer legal advice.
• Relieve participants of their legal or financial responsibilities.

A trademark is any word, name, symbol, device or combination thereof used by a person to identify goods made or sold and to distinguish them from the goods made or sold by another person.  In general, you use a trademark to identify a product or goods that are sold (examples include soft drinks, automobiles, magazines and food).

The Safe at Home Program will receive all first class and certified mail sent to the substitute address and then forward that mail to the participant at their designated mailing address.

To renew a trademark or service mark use the Application for Renewal of Trademark or Service Mark.

The Tennessee Trade Mark Act of 2000 governs trademark registration in Tennessee.  The Tennessee Trade Mark Act of 2000 can be found in the Tennessee Code Annotated, Sections 47-25-501 through 47-25-518.

How the applicant is using the mark. For example, “business cards”, “letterhead”, “flyers”, “signs”, “labels”, “newspaper advertisements”, “billboards”, “bus benches”, “television advertisements”, “websites”.

The reasons for rejection include, but are not necessarily limited to:

• An incomplete form is submitted.  All blanks must be filled in for both registration and renewal applications.
• An acceptable specimen is not provided.  A specimen is required for both registration and renewal applications.
• No signature.
• Incomplete dates.  Dates must include month, day and year.
• The application is completed in pencil.  All registration and renewal applications must be typewritten or completed in ink.
• Failure to include the $20.00 per classification filing fee.
• Failure to include the type of goods and/or services to be provided.
• Failure to include the mode or manner of use.
• Failure to include a classification in the application.
• A new owner is listed in a renewal application.

A service mark is the same as a trademark, except that a service mark is used by a person to identify services rendered or offered and to distinguish them from the services rendered or offered by another person.  The services must be provided to the public or any party other than the applicant.  In general, you use a service mark to identify services that are offered or sold (examples include restaurant, retail business and computer services).

A specimen is an actual example of the use of the mark in commerce.  It is the means by which the public would view your mark and be aware of the specific goods or services offered.

For trademarks, examples of acceptable specimens are tags or labels that are attached to the goods, containers for the goods, displays associated with the goods, or photographs of the goods showing use of the mark of the goods themselves. Invoices, announcements, order forms, bills of lading, leaflets, brochures, catalogs, publicity release, letterhead and business cards may be acceptable specimens for trademarks if they sufficiently demonstrate that the mark is being used with the goods. If it is impractical to send the actual specimens because of its size, photographs or other acceptable reproductions that show the mark on the goods, or packaging for the goods, must be furnished.

For services marks, examples of acceptable specimens are signs, brochures about the services, advertisements for the services, business cards or stationary showing the mark in connection with the services, or photographs that show the mark either as it is used in the rendering or advertising of the services. The specimen must either show the mark and include some clear reference to the type of services rendered under the  mark in some form of advertising, or show the mark as it is used in the rendering of the service (for example, on a store front or the side of a delivery truck).

The specimen should not be larger than 8 ½ inches by 11 inches and should be flat. Small specimens, such as tags or labels, must be taped or pasted to a sheet of paper and labeled “SPECIMEN”.

The Office of the Secretary of State has developed an application form that must be used to apply for the program, which captures all required information and must be completed with the assistance of a Certified Application Assistant, who must also sign the application.  The application must be submitted to the Safe at Home Program by a certified application assistant. 

For more information see our Applicant Guide.

Enter a complete and accurate description of the overall mark. If the mark contains both words and a design element, the description must include both. If a mark is in color, you must list the portions of the mark that are in color and the corresponding color for each. If the description is not accurate, either incomplete or includes words, letters, numbers, or other elements not actually appearing in the mark image, the applicant will be required to amend the description of the mark.

Trademark protection lasts for five years from the date of filing.  Trademarks can be renewed for subsequent five year intervals beginning from six months prior to expiration until the day of expiration.

The filing fee for the application is $20.00 per Class entered in number 10 of the application.  If there is only one (1) class indicated the fee is $20.00. If there are two (2) classes indicated, the fee is $40.00, etc.

 Make check, cashier’s check or money order payable to the Tennessee Secretary of State.  Cash is only accepted for walk-in filings.

Program Participants are not subject to selection for state or municipal jury duty. T.C.A. § 40-38-607.

Program participants should not appear on state or municipal jury selection lists. If a program participant is selected for jury service, the summoning court should excuse the program participant.

If a program participant receives a jury summons for either state or municipal jury duty, the Participant must notify the summoning court of the participant's exempt status and provide a copy of the Participant's Certificate of Program Participation, if requested.

Participants may not fail to respond to a jury summons.

Pursuant to T.C.A. § 47-25-507, a registered mark is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must be made by “instruments in writing duly executed.” An assignment must include within the assignment instrument itself a provision expressly indicating the transfer of “good will” to the assignee.

A separate assignment instrument and application for assignment of trademark or service mark must be submitted for each registered mark; if a mark is registered in more than one class, only one assignment instrument and application need be submitted. A photocopy of the executed assignment instrument may be submitted in lieu of the original assignment instrument if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.

To assign a registered trademark or service mark use the Application for Assignment of Trademark or Service Mark.

To access information on trademarks, use the Trademark/Servicemark Search. This database reflects active trademarks/servicemarks on file with the Tennessee Secretary of State. Both 'Active' and 'Cancelled' marks are searchable.

Certified Application Assistants work with various state and local agencies and/or nonprofit agencies that provide counseling and shelter services to victims of domestic abuse and other crimes. At list of Certified Application Assistants can be found here.  Safe at Home is most effective as part of an overall safety plan. Additional information regarding safety plans can be found here. 

Trademark & Service Mark Classes Guide

Any person who is required by law to be registered under any of the following is not eligible to participate in the program:

• Tennessee Sexual Offender and Violent Sexual Offender Registration Verification and Tracking Act of 2004, compiled at Title 40, Chapter 39, Part 2;
• Tennessee Animal Abuser Registration Act, compiled at Title 40, Chapter 39, Part 1
• Registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals, compiled at Title 68, Chapter 11, Part 10; or,
• Drug offender registry under Tennessee Code Annotated § 39-17-436.

• Whenever a program participant is required by law to swear to or affirm the participant’s address, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
• Wherever a program participant is required by law to establish residency, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
• The substitute address may be used for motor vehicle records and may be printed on a drivers license. T.C.A. § 40-38-602.
• The substitute address may also be used as your official mailing address for all public utilities and public utility service providers. T.C.A. §§ 40-38-602, 606.
• Participants may also request that private entities use the substitute address, although they are not required to do so.

The Secretary of State does not play any role in regulating the use of trademarks or in prosecuting their misuse.  The Tennessee Trade Mark Act of 2000 designates the Department of State as the filing agency for trademarks.  The Department’s role is strictly ministerial.  If you have any questions about the “protection” of a mark, infringement upon your mark, or the application of filing requirements to your specific situation, you should consult an attorney or other professional.

An individual should consider applying if they are victims of domestic abuse, stalking, human trafficking, or any sexual offense, who:

• are attempting to escape an abuser, stalker, or other aggressor;
• are currently residing in a domestic violence shelter or other crisis shelter;
• are currently temporarily residing with family or friends;
• have moved to a new home within the previous 30 days;
• have children; or
• rely upon, or will need to rely upon, public assistance programs.

The application can be completed by:

• Any adult may apply on their own behalf
• A parent may apply on behalf of their minor child
• A fiduciary, such as a guardian or conservator, may apply on behalf of a minor or a person with a disability 

Program participants may be required to provide their residential street address to a public utility service provider for the purpose of obtaining utility services.  However, participants can request that their residential address be treated as confidential by presenting the public service utility with a certificate of program participation.

After doing so, the public utility service provider must treat the residential address and all other identifying information as confidential in accordance with the Tennessee Public Records Act, compiled at Title 10, Chapter 7, Part 5.

Private businesses are not required by statute to accept a Safe at Home Participant's substitute address. However, private companies or agencies are encouraged to make every effort to keep a participant’s information safe by accepting the substitute address whenever possible. If agency or business employees have questions about using the substitute address, they may contact the Safe at Home Program directly.

• When listing, appraising, or assessing property taxes;
• When collecting property taxes;
• On any document related to real property recorded with a county clerk or recorder.

• Participants should always use the substitute address when interacting with a state or local government entity, whether on their own behalf or on behalf of their children. Participants should never disclose their confidential address, unless required by law to do so.
• Participants should always notify the state or local government official or entity with whom they are interacting that they are a program participant and that their residential address is confidential.
• Participants should always be prepared to provide officials with a copy of their program participation certificate.
• If a Participant has filed paperwork with a state or local government entity using their confidential address within 30 days prior to their application for program participation, the participant should immediately contact the state or local agency to notify them of the Participant's participation certification, provide a copy of the Participant's Certificate of Program Participation, and request that the participant's confidential address be protected.
• If a Participant is asked to verify their residential address for purposes of enrolling either themselves or their minor children in a public school, the Participant should provide the school with a copy of their Certificate of Program Participation and your substitute address. Then, direct school officials to contact the Office of the Secretary of State for further verifications in accordance with T.C.A. §§ 40-38-602, 606.
• Participants should provide their Public Utility Service Providers (electric, water, and gas, etc.) with a copy of their Certificate of Program Participation and their substitute address, and then request that the Public Utility Service Provider keep their residential address confidential. These requests should be presented to the Public Utility Service Provider's records custodian.

Program Participants must vote by absentee ballot. T.C.A. § 40-38-607.

Program participant absentee ballots must be treated as confidential and must be processed confidentially by the Administrator of Elections. Program participants shall appear in the statewide official voter registration list only by the Participant Identification Number. 

As authorized by law, properly designated law enforcement agency officials and administrative agency officials may request disclosure of information relating to a program participant. T.C.A. § 40-38-609. What information may be available to law enforcement or administrative agency officials?

• Properly designated law enforcement agency officials and administrative agency officials may request confirmation of program participation pertaining to a supposed program participant.
• Properly designated law enforcement agency officials and administrative agency officials may request disclosure of information pertaining to a program participant, including the confidential address, subject to the discretion of the Secretary of State. Program Participants may be entitled to prior notice and appeal rights.
• Disclosure of a participant’s confidential address, or any other information contained within a program participant’s file, shall be limited to ensure that the disclosure and dissemination of the confidential address will be no greater than necessary for the specific purpose for which it was requested.