Are trademarks federal or state [New Info]

Last updated : Aug 13, 2022

Are U.S. states trademarked?

Federal trademarks give you ownership across all 50 states, plus all U.S. territories. Federal trademarks allow you to use the ® symbol. You can file infringement suits in federal courts. Your mark will be listed in the U.S. Patent and Trademark Office (USPTO) database.

What is a federally registered trademark?

In particular, federal trademark registration creates intellectual property rights granted by the U.S. Federal Government that gives the owner or holder of the trademark the exclusive right to use the trademark in association with a class of goods or services within the Unites States.

Should I register my trademark in state or federal?

If a federal registration is obtained before the use of a similar mark in a state, the federal registration has priority over the state registration. If there is any conflict between a federal and state trademark, the Court will most likely rule in favor of the federal registration.

What's the difference between TM and R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

How long does a federal trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Who grants trademarks?

The U.S. Patent and Trademark Office is the agency responsible for granting U.S. patents and registering trademarks.

Can you have a trademark without registering?

An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.

Do all trademarks need to be federally registered?

You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.

Can you trademark a state name?

Yes, you can, to a point. First, although people often question how anyone can "trademark" a common word, it happens all the time. APPLE is a common word that also used as a trademark, for example.

Is it worth registering a trademark?

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.

Can I put TM on my logo?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

What does the C mean on a logo?

Copyright: ©. When you write a "C" with a circle around the letter, or use the word "copyright," you are giving notice to the public that the work is copyrighted and that you are the owner of the work.

Can I just put a copyright symbol on my work?

You can place the copyright symbol on any original piece of work you have created. The normal format would be to include alongside the copyright symbol the year of first publication and the name of the copyright holder, however there are no particular legal requirements regarding this.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How hard is it to trademark a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

What is the most famous trademark?

• Amazon – 416 Billion Dollars.
• Apple – 352 Billion Dollars.
• Microsoft – 327 Billion Dollars.
• Google – 324 Billion Dollars.
• Visa – 187 Billion Dollars.
• Alibaba – 153 Billion Dollars.
• Tencent – 151 Billion Dollars.
• Facebook – 147 Billion Dollars.

What is a dead trademark?

“A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.”

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

Can someone steal your trademark?

Although your business may have been the originator of the trademark, if the trademark was not officially registered, another company could obtain it for use in geographic areas outside your use, and essentially “steal” your trademark.

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Write a comment

I'm Wayne Carroll patent trademark attorney and I want to talk to you about the difference between state and federal trademarks each state in the United States has a system set up for filing a trademark in their state and the federal government also has a system for filing a trademark these are very different systems and they give you very different rights the federal trademark gives you a presumption that everyone across the u.s. in every state knows about your trademark trademarks are all about protecting the public from consumer confusion so if the public is presumed to know about your trademark then you have great strong protection individual states provide some different protections in their state but you should not rely on a federal you should not rely on the state trademark instead of the federal you should do both if you're gonna be working within a state I'm Wayne Carroll patent and trademark attorneys attorney contact me for more information

Thanks for your comment Thaddeus Belles, have a nice day.
- Bryant Cortesi, Staff Member

so if your goods or services are not sold with interstate commerce in mind or you don't sell through interstate commerce then you should probably be thinking about a state trademark as opposed to a federal or nationwide trademark state trademarks versus federal and national trademarks what are the differences hey everybody my name is marcelo dominguez and i'm so excited you are back here make sure you hit the red subscribe button down below because i am going to be sharing lots of useful information with you not just about trademarks but also about creating a really great business journey in today's video i am talking to you about whether you need a state trademark or you need a federal trademark what are the differences and should you be concerned so if you run a state-based business then that means that you are not necessarily going to be selling products outside of your state so what is a good example of somebody who might only apply for a state-based trademark well somebody who only operates within a particular state would be maybe a franchise owner of restaurant or ice cream shops that are only located within a particular state or let's say you're a pop shop and you only have one location um and that one location is uh located in dallas texas or it's located in san francisco california you only have that single shop and you sell to customers who walk in your store and who walk out of your store and so they might come to your shop either to buy again food ice cream um trinkets um clothing i mean you could sell anything it doesn't really matter what you sell what matters is that you only operate within the state right you're only using your name and commerce within that state now if there's a chance that you sell your products you know across the us and you have customers all over the place well that's a little bit different than you know walking into a small mom and pop restaurant in san francisco right because you can only acquire their goods and services if you walk in at that particular location now that's a lot different than somebody who let's say sells t-shirts on shopify they're shipping their products to people all across the united states they're shipping to california to florida to new york even internationally my point is that they are using that trademark outside of the state boundaries right they're selling products all over the place that's a lot different than somebody who has a single shop do you see where i'm going with this if you do type yes down below now you should also keep in mind that registering in your particular state is probably less expensive than registering at the federal or national level now you can find out by doing a simple google search because every state is going to have varying costs and varying prices so i cannot just give you a flat answer here and tell you that this is how much it's going to cost for you to obtain a state trademark in the state where you live and operate your business but again if you want to send me an email then feel free to do so it's always free so of course another difference is that between a state trademark and a federal trademark is that you are going to have more comprehensive protection with a federal trademark so that means the scope of your protection is going to be federal it's going to be national it's going to be based on the laws of the united states plan and trademark office and the lanham act where as with the state trademark you're basically relying on your state's trademark rules which are not going to be the same as a federally based registration so just keep those things in mind so if the trademark registration is on your mind then make sure you scroll down into the description below for some diy legal solutions if you are on a budget but if you want to work with me directly i'd be more than happy to speak with you about you and your business and your growing needs and all you have to do is either schedule a time to speak with me down below um or you can send me an email i really look forward to getting to know you and your businesses i've met so many unique people on here and i'm so excited to keep creating videos for you and if you have a suggestion make sure you drop it in the comments below or you send me an email and tell me about it and make sure you watch this video right here because it's also really helpful if you are on this trademark journey till next time

Thanks glipsh your participation is very much appreciated
- Bryant Cortesi

About the author

Bryant Cortesi

I've studied social philosophy and political philosophy at Western Kentucky University in Bowling Green and I am an expert in electrokinetics. I usually feel confused. My previous job was postal service mail carriers I held this position for 18 years, I love talking about transit map collecting and wind surfing. Huge fan of NF I practice olympic sports and collect disney pin trading.