State or Federal Trademark?

When you decide to trademark an idea, you should speak with a lawyer, to assist in the process of filing. He or she will be able to give you advice each step of the way to make sure your intellectual property is protected. 

State Trademark

When you decide to file for a trademark, you need to decide where to file. You can either get a state trademark, or a federal trademark. A state trademark only protects you in the state you choose to file in. This means that if someone is looking to file a federal trademark, they will not come across your trademark in the process. A state trademark could be good for someone who wants to only operate locally, and does not wish to expand their business outside of their own area. 

Federal Trademark

A federal trademark is great because it protects you in every state in the United States, and gives you the ability to eventually file for an international trademark through the World Intellectual Property Organization if you desire to do so. A federal trademark would be a good idea for anyone who may want to expand their business — or has already begun expansion. It has additional benefits, such as: 

  • The ability to use the federal trademark symbol
  • Public notice of ownership
  • Puts the trademark in the USPTO database, which keeps others from using a similar mark
  • The ability to sue in a federal court over trademark infringement

Contact an Attorney

An attorney will be able to evaluate your own individual needs and give you advice on what kind of trademark you should apply for, and how long the process will take. He or she will also know how to check to see if your trademark will likely go through, or if there could be issues in obtaining it because of an existing trademark. Contact a lawyer today to schedule a consultation and get started.