No. You cannot register a trademark or service mark in North Carolina until you have already used it. In North Carolina, trademark infringement occurs when a person or business uses a trademark that is likely to be confused with an existing registered trademark.(73) Filing an application without an attorney is possible, but even with some guidance it is definitely not without its challenges. The following questions and answers explain the unauthorized practice of law and how to report it to the State Bar. The program provides free legal assistance to underresourced inventors interested in securing patent protection for their inventions. An attorney could help you with securing a federally registered trademark in North Carolina to protect your intellectual property with regards to franchising. Trade names are filed with the Register of Deeds in the county where the business is operating under N.C.G.S. §66-68. Do Not Fill This Out. Submission of this web-form does not create an Attorney - Client Relationship. Getting a patent in North Carolina is the same as any other state.