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Written by : Hobert Sotto
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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
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
About the author
I've studied orbital mechanics at Calvary University in Kansas City and I am an expert in child psychopathology. I usually feel disappointed. My previous job was religious institution education coordinator I held this position for 2 years, I love talking about roller skating and lacrosse. Huge fan of Heath Ledge I practice lacrosse and collect records.
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