Faq Details

There are four main differences between federal trademarks and state trademarks: Scope of protection between federal and state trademarks: The most obvious difference is the scope of protection whereby a State trademark protects the trademark owner within the state while a federal trademark is nationwide in the United States and its territories. Issuing trademark authority: Federal trademarks are examined and issued by the USPTO, The United States Patent and Trademark Office, which is a federal agency for granting U.S. patents and registering trademarks in line with Article I, Section 8, Clause 8, of the Constitution "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Refer to the USPTO site for more information. On the other hand, state trademarks are issued and authorized by the Secretary of State in the state you are seeking protection in. Requirements to register: Federal trademark registration requires the current or intent to use a trademark across state lines or borders (internationally). Assumption of validity: A Federal trademark registration provides the trademark owner (applicant) listed on the trademark registration in the United States with ownership and validity of the trademark registration. While on the other hand, as state trademark registrations do not entail a federal examination if a federal mark exists before, then the state trademark is invalid. Therefore, owning a federal trademark registration is backed and holds much more weight in a court of law than state trademarks.