Are trademarks national or state [New Research]

Last updated : Aug 6, 2022
Written by : Hobert Sotto
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Are trademarks national or state

Are trademarks National?

Does a U.S. Trademark Registration Protect a Trademark in a Foreign Country? Trademark Protection Outside the U.S. No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.

Is trademark law state or federal?

Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law.

What's the difference between state and federal trademark?

State trademarks protect a mark only in the registered state(s), meanwhile a federal trademark protects the mark(s) nationwide and potentially can be used to obtain international trademarks through the WIPO World Intellectual Property Organization.

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.

Can I use a trademark from another country?

No, trademark rights are generally obtained by country or region, such as the EU. A US trademark, for example, may be valid and enforceable only in the United States, but not overseas.

Is a trademark worldwide?

There is No “Global Trademark” Although treaties have been entered making it easier for trademark owners to extend protection of their trademarks into other countries, the world's trademark systems remain largely separate and maintained on a country-by-country basis.

What are the 3 types of trademarks?

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

How do I get a national trademark?

  1. Set up a account. To access the Trademark Electronic Application System (TEAS), you need to log in to a account with two-step authentication.
  2. Trademark application.
  3. Monitoring application status.
  4. Applicant address and email address.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

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.

Can you trademark the shape of a state?

You cannot trademark a shape by itself. However you can trademark a logo that incorporates a unique shape, like Nike's famous "swoosh." This prevents others from using your shape on commercial products without your permission. To qualify for a trademark, your design must be original.

Can you register a trademark worldwide?

2. International trade mark protection. You can apply to register your trade mark in countries which have signed-up to an agreement, called the 'The Madrid Protocol'. The Madrid Protocol is controlled by the World Intellectual Property Organisation ( WIPO ), based in Geneva, Switzerland.

How do I trademark my name worldwide?

In order to register your trademark internationally, there are two ways you can make your filings. One is through the Madrid Protocol, and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you.

Can a trademark be protected in more than one country?

Can an applicant secure a trademark registration covering more than one country? Yes. Several international agreements make it possible to file a single application to register a mark in more than one jurisdiction.

Are trademarks regional?

The rights associated with common law trademarks are regionally limited and not as easily enforced as a federal trademark, but common law marks are permitted to use the â„¢ symbol (learn more about trademark symbols here).

Is a trademark in Canada valid in the US?

Are Trademarks in the U.S. protected in Canada? The protection of a registered trademark only extends to the jurisdiction in which it was registered; therefore, if your trademark is registered in the U.S., your trademark would only be protected in the U.S. and not in Canada.

Is the Adidas logo trademarked?

All trademarks, service marks and trade names of adidas used herein (including but not limited to: the adidas name, the adidas corporate logo, the adidas trefoil Design, and the Three Stripe logo) are trademarks or registered trademarks of adidas or its affiliates.

Can you trademark just a name?

You can register your brand name with the USPTO to protect your intellectual property from misuse. It is not immediately necessary to secure a trademark, though it could benefit your brand.

How long does a 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.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

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Are trademarks national or state

Comment by Clint Spanfellner

good evening go ahead caller uh yeah i was wondering um you were talking about trademarks i have a trademark and i got it registered on a state uh wide scale is that also instead of going federal if you only want it for now statewide is that illinois this is registered in the state of illinois yes the state of illinois does not actually give you extra rights as far as the jurisdiction by filing an illinois state rages right state trademark believe it or not it's not good in the entire state what a state trademark does is it codifies it solidifies your common law rights that you've built up by using the trademark and it gives you certain additional remedies within the state of illinois if somebody is infringing upon your trademark for example if you don't have a registration and someone infringes on your trademark you can sue them and stop them from using it if you have a state registration you can sue them stop them from using it and get monetary damages for example but it doesn't expand the jurisdiction of your trademark rights but it will expand the scope of your remedies so one of the first questions to ask yourself is is it likely in your business that you're going to do business outside of the chicago area right yes well so so it's i you're saying um jurisdiction you're speaking even within the state of illinois it does it it's not covered in other parts of the state correct it'll be covered in whatever your common law rights jurisdiction would be which could be depending on the size of your company it could be the whole state of illinois if that's where your advertising marketing and client base is it could be just in your neighborhood or the city of chicago county or whatever but that is one thing to keep in mind that filing a state registration does not give you rights in the entire state it merely solidifies the common law rights that you've already built up by using it now how would i get it for the entire state there's no way to do it in the entire state outside of using in the entire state or getting a federal registration would give you rights nationwide including the entire state of illinois you say common law what is what do you mean yeah why don't you explain a little bit about common law sure a common law of rights of use are basically rights that grow out of just using the mark every time every time you hand out a business card or put up a brochure or purchase advertising that all adds to your common law rights if i if you ran an ad in uh the neighborhood newspaper right then it it to some way defines your common law area as the neighborhood newspaper if you ran a ad on the front page of the chicago tribune then that would define your common law areas being larger exactly and the tricky part comes up with the internet when you put up a website we all know that goes worldwide but it's not going to give you worldwide common law rights unless your clientele could potentially or is worldwide if you put up a website for a dog walking company that's certainly you're not expected to be walking dogs all over the world it's going to be a regional thing

Thanks for your comment Clint Spanfellner, have a nice day.
- Hobert Sotto, Staff Member

Comment by Francesco

hello my name is Wendy busca i'm the managing patent attorney for busca patents and trademarks of houston texas many of my clients ask me should I file a federal trademark or a state trademark the answer to the question should I file federal trademark is do you do interstate commerce or do you do commerce between a state of the United States and a foreign country if you do either meaning you have sales and commerce between states or out of the country you should only file a federal trademark and you should file it for your name of your company first or the name of the product saving logo filings for another time so if you have any more questions go to the website you see below me and you can find more videos answering more questions thanks for tuning in

Thanks Francesco your participation is very much appreciated
- Hobert Sotto

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