State vs Federal Trademark

State Trademark Registration vs. Federal Trademark Registration

State Trademark Registration vs. Federal Trademark Registration

With the Federal USPTO Trademark Registration providing protection throughout the Union, why would you think about a State registration? Did you know that States, typically through their Secretary of State departments, provide protection for state trademarks. What are the benefits of State TM Registration?

Interstate Commerce

Sometimes, a mark is only used within the state. Without interstate commerce (selling across state lines) a Statement of Use is invalid, and the mark may be more easily challenged. Therefore, if trademark owners have not sold across state lines, their best bet would be a State Trademark Registration.

Faster Processing

State trademarks are usually faster to be reviewed and register, so if you are in a hurry and want to put your stake in the ground it may be a better choice, or you may file state and federal trademarks together.

Marijuana – State Trademarks Only

Subject matter may not be permissible under Federal Law (Marijuana in particular, and some others) but may be permissible under state law, so the only option is to file under State Law. With marijuana trademark applications, you will be required to show the packaging that you used when selling the product.

Requirements of State Trademarks

Requirements for State Trademarks are usually that the mark must be in use, and not be confusing with another mark or company name within the state. You’ll have to provide proof of the use in that state, such as packaging of the products that were sold. The fee is lower for state applications as well, but you’ll have to file in each state you want protection in.




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