Which states file the most trademarks — and why does the answer look so strange? We ranked all 50 states, plus Washington D.C. and Puerto Rico, by the number of marks registered to owners in each, drawn from the TMarkMetric database of 97,978 U.S. federal trademark records. The ranking is one of the most counterintuitive datasets in all of trademark data.
The paradox: Delaware ranks #1 — ahead of California, Texas, Florida, and New York — with 12,890 filings. Delaware has about one million residents. California has nearly forty million. Per person, Delaware files trademarks at more than 40× California's rate. That is not entrepreneurial spirit — it is corporate law.
Full Ranking: Trademark Filings by State
Ranked by total marks registered to owners with an address in each state or territory:
Why Delaware Wins — and What It Means for You
The registered owner of a trademark is the legal entity that filed it, recorded at that entity's official address. And a huge share of U.S. companies — from tech startups to Fortune 500s — incorporate in Delaware for its well-developed corporate law and Court of Chancery, regardless of where their founders live or their customers shop. So a brand run from Los Angeles or Austin frequently shows up in the data as a Delaware trademark, because that is where the LLC or C-corp is registered.
The same logic explains two other outliers:
- Wyoming (#9) and Nevada (#14) rank far above what their populations would suggest. Both are popular, low-cost states to form an LLC — no state income tax, low fees, strong privacy. Entities form there, so trademarks land there.
- The District of Columbia punches above its weight for a different reason: national associations, nonprofits, and lobbying organizations headquarter there.
Practical takeaway: when you run a clearance search and see a conflicting mark owned by a Delaware or Wyoming entity, don't assume the business is actually there. The owner's state tells you where they organized, not where they operate or sell. To find the real business, look at the specimen and goods description, not the address.
The Population States Still Matter
Below the incorporation havens, the ranking behaves the way you'd expect: California, Florida, Texas, and New York — the four most populous and business-dense states — take the next four spots. These are genuine centers of brand creation, where a large filing count really does reflect a large, active economy. Georgia, New Jersey, and Illinois follow the same pattern.
A Steep Long Tail
Trademark activity is highly concentrated. The top five states account for the bulk of all filings, while the smallest states — West Virginia, Alaska, North Dakota, Vermont — each register only a few dozen. The bottom twenty states combined file fewer trademarks than Delaware alone. This mirrors the ownership concentration we found in our top trademark owners report and the overall picture in the U.S. trademark statistics report.
Methodology
Counts come from the TMarkMetric database, a snapshot of 97,978 U.S. federal trademark records sourced from USPTO data, grouped by the owner's state of record. The table covers the 50 states plus Washington D.C. and Puerto Rico; Canadian provinces and other foreign codes are excluded. Because the dataset is a large sample rather than the complete USPTO register, treat these as representative distributions, not official USPTO totals. Per-capita comparisons use round population figures for illustration. Aggregates pulled 2026-07-14.
Frequently Asked Questions
Which U.S. state files the most trademarks?
Delaware files the most trademarks of any U.S. state — 12,890 in this dataset of 97,978 records — ahead of California, Florida, Texas, and New York. Delaware leads because so many companies incorporate there, and a trademark is recorded at the owning entity's legal address.
Why does Delaware have so many trademarks despite a small population?
Because the count reflects incorporation, not residents. A large share of U.S. companies incorporate in Delaware for its corporate law, so their trademarks are recorded at a Delaware address even when the business operates elsewhere. Per capita, Delaware files trademarks at more than 40 times California's rate.
Does a trademark's state tell you where the business operates?
No. The state on a trademark record is the owner's legal address — often an incorporation state like Delaware, Wyoming, or Nevada — not where the company actually operates or sells. To identify the real business, examine the specimen and goods-and-services description rather than the address.
Which states have the fewest trademark filings?
The smallest states — West Virginia, Alaska, North Dakota, and Vermont — each register only a few dozen trademarks. The bottom twenty states combined file fewer trademarks than Delaware alone.