The Importance of getting Federal Trademark protection as opposed to solely registering a Trademark with the State.

If you want to register a trademark, you have two choices: you can register with the United States Patent and Trademark Office (“USPTO”), or you can register your trademark with your state. Trademarks do not have to be registered with the State and/or USPTO, but it is beneficial to do so.

State trademark registration is relatively quick and inexpensive, while federal trademark registration is more complex and costs more. However, federal registration offers far more protection. Before you decide which is best for you, it’s important to understand the differences.

Some points to remember about registering a state trademark:

  • State trademark registration only protects your trademark in the state where its registered.

  • Registering a trademark with the state is less expensive than registering with the USPTO. You will typically save at least $200 for each registration.

  • A state trademark registration normally can be processed and approved more quickly than a federal one.

  • State trademark registration does not give you the right to use the symbol ®. You may use either TM for a trademark or SM for a service mark.

Registering a trademark helps you protect your brand and your intellectual property. While federal registration offers many more benefits, you might choose state registration instead if you are short on funds and don’t ever plan to do business outside your state of registration. If you are unsure which is best, a trademark attorney can help you decide. Please feel free to contact Martindale Legal Services, LLC to offer assistance in registering your trademark.