State-level trademark and service mark registrations are filed and approved by departments of state corporations.
The corporate departments of the state are called the “Department of Corporations”, “Division of Corporations” or “Division of Corporations”, depending on the state in which they are located. The Secretary of State oversees the department, which is the legal guardian of all corporations and other business entities formed and registered in the state. If the public needs access to corporate records, state corporate departments have the authority and ability to deliver sealed certificates and copies of corporate files required and maintained by the department.
If the public needs access to corporate records, state corporation departments have the authority and ability to deliver sealed certificates and copies of corporate files.
The main duty and responsibility of the departments of state corporations is to license business activities in the state and to maintain records. All forms of business are licensed by the departments, including non-profit corporations and foreign corporations doing business in the state. A secondary function of some SOE departments is to regulate financial transactions, such as the exchange of securities. Companies that sell certain financial products and services are also regulated, including financial planners and stock brokers. Some states have no regulatory powers but are solely responsible for record keeping.
State-level trademark and service mark registrations are filed and approved by departments of state corporations. Business owners can protect their trademark by registering it with the state. In a trademark infringement lawsuit, this will be a key piece of evidence to prove who owns the trademark. A business owner may also register a fictitious business name with the department.
Some states allow companies to appoint the Secretary of State as the agent for service of process. If someone files a lawsuit against the company, he can file a claim with the corporate department. The department, in turn, will send a copy of the complaint to the company’s last known address.
Many departments of state corporations allow the public to search company names and registrations on the websites they maintain. Start-ups can check the website to see if the business name is used by another business in the state. Businesses may also pay for and file annual reports and filings required by state law, depending on the type of business. Businesses can lose their “good standing” in a state if they don’t meet the annual filing requirements. Some departments allow a business owner to pay any corporation tax due.
State corporation departments often provide valuable resources and information on their websites that can be helpful when planning a business. The name search function is usually available online, but employees can also search for a company name availability for a fee.