Trade Name, Trade Mark, or Service Mark
BEFORE YOU APPLY FOR A TRADE NAME, TRADEMARK, OR SERVICE MARK…
You may initially wonder which of these terms apply in your case. Each of these terms does mean something different and while there are gray areas, it is easiest to see trade names as relating to businesses or entities and trademarks and service marks as relating to the products of businesses or entities. If you produce goods, you would be applying for a trademark. If you “produce” or provide a service, you would be applying for a service mark. For example, say there is a business called DCCA, Inc. (a corporation), or DCCA Co. (a partnership) and they register a trade name, “DCCA Manufacturing Co.” The corporation or partnership might also apply for registrations for its “DCCA Widgets” (trademark) and for its “DCCA Widget Maintenance” (probably a service mark, depending on what is “produced”).
The same basic rules apply to all three types of registrations. We have compiled a list of FAQs regarding Trade Name, Trademark, and Service Mark registrations.
Filing fees are NOT REFUNDABLE. The fee for filing a Trade Name (Form T-1), Trademark (Form T-2), or Service Mark (Form T-3) Registration has been reduced to $25.00 through December 31, 2020. The filing fee will automatically readjust to the statutory amount of $50.00 on January 1, 2021. Expedited service fee is $20.00. The fee for a certified copy of a filing is $10.00 plus $0.25 per page. There is an additional State Archives fee of $1.00.
Instructions for paper filings:
Be sure all information has been entered correctly, and that the information is complete and LEGIBLE before submitting a filing to the DCCA. Paper filings of the Application must be typewritten or printed and signed in BLACK INK and are accepted at our service window, and via email, mail and fax. Legible scanned, photocopied, or faxed documents will be accepted. Document pages must be standard letter-sized (8.5 x 11 inches) and if signatures are not plainly legible, the name must be typed below each signature..
Make checks payable to the DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, for the exact amount. A $25.00 fee will be assessed on dishonored checks.
Mail completed form and payment together to P.O. Box 40, Honolulu, HI 96810 or deliver to 335 Merchant Street, Room 201, Honolulu, HI 96813.
Credit card information must accompany email and fax filings. We accept Visa, MasterCard, Discover, American Express, Diners Club, or JCB. Use the Business Registration Division Credit Card Transaction Form, OR be sure to include the following information in order for payment to be processed: credit card number, credit card type, name of cardholder, card expiration date, CVV code, amount of charge, indicate expedited or regular review, a contact telephone number and an email address.
To email document filings, please send to [email protected] To fax, send to (808) 586-2733.
We also have Business Action Centers that offer in-person assistance with government filings and more.