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).

"Solicit" or "solicitation" means any oral or written request, however, communicated, whether directly or indirectly, for a contribution.  See T.C.A. §48-101-501(11).

The initial registration fee is $50 dollars.  The fee for renewing your registration is based on the following scale:

GROSS REVENUE REGISTRATION FEE 
$0 – $48,999.99                                              $80 
$49,000 – $99,999.99                                     $120
$100,000 – $249,999.99                                 $160 
$250,000 – $499,999.99                                 $200 
$500,000 and above                                      $240

“Contributions" means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or show of any kind which is advertised or offered in conjunction with the name of any charity.  “Contribution” does not include bona fide fees, dues or assessments paid by members; provided, that membership is not conferred solely as consideration for making a contribution in response to a solicitation.  See T.C.A. §48-101-501(3).

The Tennessee Secretary of State offers an online search of charities.  Please note, if you do not locate the organization, please consider the following:

• Organization could be exempt from the registration process by statute. Click HERE to learn more.
• Organization may file as a $50,000 and Under organization. To search those organizations, please click HERE.
• Make sure you are searching under the official legal name of the organization.

Renewal Filing fees are based the gross revenue for the filing period. Late fees are assessed per month.

For Renewal Dates after 7/1/2021:

Gross Revenue                        Filing Fee

• $0 to $50,000                                $0.00 *
• $50,000.01 to $99,999.99          $10.00
• $100,000.00 to $249,999.99     $10.00
• $250,000.00 to $499,999.99    $10.00
• $500,000 and over                        $10.00

Late Fees: $10/month

For Renewal Dates on or before 6/30/2021

Gross Revenue                        Filing Fee

• $0 to $50,000                                $0.00 *
• $50,000.01 to $99,999.99          $120.00
• $100,000.00 to $249,999.99     $160.00
• $250,000.00 to $499,999.99    $200.00
• $500,000 and over                       $240.00

Late Fees: $25/month

* Based on answers on the renewal form, an organization may qualify for an exemption because they received less than $50,000 in gross contributions from the public. Organizations that qualify for this exemption will not be charged a filing fee for the filing period.

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”.

Yes, for good cause shown (e.g. application for extension to file an exempt organization return that was filed with the IRS), the division may extend the time for filing a renewal application for a period not to exceed ninety (90) days, during which time the previous registration remains in effect.   An organization may request a second extension of time for a period of sixty (60) days, as long as it provides proof that it has been granted an extension of time to file with the IRS.

Yes, the organization must renew its registration by the last day of the 6th month after the end of its accounting year.

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.

A civil penalties up to $5,000 may be imposed for each and any violation.  Further, anyone who willfully and knowingly violates any provision of the Charitable Solicitations Act, or willfully and knowingly gives false or incorrect information in filing statements or reports to the division commits a Class B misdemeanor.  A second or subsequent offense is a Class E felony. 

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.