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).

T.C.A. § 49-7-2104 provides that an individual may not act as an athlete agent in Tennessee without holding a Certificate of Registration as an Athlete Agent in Tennessee. If a student-athlete, or someone acting on the student’s behalf, initiates communication with the agent, the agent must submit an application for registration as an Athlete Agent in Tennessee within 7 days of the initial contact. An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.

T.C.A. § 49-7-2110 requires all agency contracts between a student-athlete and athlete agent to include a statement that the athlete agent is registered as an athlete agent in Tennessee and list any other states in which the agent is registered as an athlete agent, among other requirements. 

T.C.A. § 49-7-2111 sets out requirements to notify educational institutions when a student-athlete enters into a contract. Additionally, when an educational institution becomes aware of any violation of the notice requirements listed in the statute, it must notify the secretary of state and any professional league or players’ association of the violation.

Tennessee Code Unannotated

You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee.  Forms can be found on our the Forms & Fees page for mail and in person filings.

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”.

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.

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.

Trademark & Service Mark Classes Guide

An Administrative dissolution occurs for the following reasons:

• Failure to file an annual report
• Being without a registered agent
• A foreign entity fails to maintain its assumed name due to a name conflict
• Returned payment by a financial institution

A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.

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 assumed name is a name other than the true entity name under which it conducts business.  Tennessee does not recognize 'DBAs' (doing business as) or fictitious names.  The assumed name is good for 5 years and can be renewed.

1. The correct fee is not paid. The annual report fee for a corporation is $20, and an additional $20 is required if any change is made concerning the registered agent/registered office. The annual report fee for LLCs is $300 minimum up to a maximum of $3000. The fee increases by an additional $50 per member for every member over 6 members up to a maximum of $3,000.
2. An officer is not listed. If the business is a Tennessee for-profit corporation, the corporation must list at least one officer. If the business is a Tennessee nonprofit corporation, a president and secretary or required.
3. The board of directors are not listed, the box indicating that the board is the same as the officers listed is not marked, or the box indicating that the corporation does not have directors is not marked.
4. The annual report is not signed and/or dated.
5. The annual report is not typed or filled out in ink.

• The required filing fee was not enclosed.
• The document has not been signed
• The document is not clear and legible.
• The document was not enclosed.
• The document is not dated.
• An email address was not provided.
• The name that you have requested is unavailable because it is not distinguishable from another business entity on file.
• We were not able to obtain tax clearance from the Department of Revenue.  Please, contact the Tennessee Department of Revenue at (615) 253-0600 or (800) 342-1003.  Once you have satisfied their requirements, resubmit your document to our office for filing.
• The address of the registered office must be a physical Tennessee address; it cannot be a post office box, route number, or box number alone.

A business entity that has failed to file its annual report on a timely basis may be administratively dissolved and placed in inactive status. The filing history of every business is shown in the Business Information Search. Click on “filing history” for details on your business.

A registered agent is a person or company who agrees to accept legal mail on behalf of your entity.  Tennessee requires that all entities (except General Partnerships (GP) to maintain a registered agent/office in the State of Tennessee at all times.

Tax clearances are required to obtain a certificate of existence, to reinstate, and to terminate, cancel or withdraw an entity from Tennessee.