Should I get a state trademark registration or a federal trademark registration?
Both state trademark registrations and federal trademark registrations are very beneficial to both individuals and companies. State trademark registrations typically provide constructive priority throughout the state in which the registration is obtained. Similarly, federal trademark registrations provide nation wide constructive priority. A company or individual should typically obtain a State trademark registration when they are involved in intrastate commerce meaning they operate solely within one state and/or are local companies. Typical examples would be small, non-online stores, lawn care companies, beauty salons, and local restaurants and bars.
Obtaining a federal trademark registration requires that the company be involved in interstate commerce, or commerce that crosses state lines including if the company has an internet business presence.
Obtaining a federal or state trademark registration can be very beneficial to a company. This includes providing priority over subsequent, or junior, users in the event the trademark registration holder expands to a new market. If there is a company using the same trademark in that market but it is a junior user, the trademark owner may be able stop the junior user from using the mark. Similarly, if a large company begins using the trademark after your use of the mark, it is much easier to prove that the trademark registrant’s use of the mark pre-dated the subsequent user’s use if the trademark registrant possesses either a state or federal trademark registration pre-dating the subsequent user’s first date of use.
At Shaver & Swanson, LLP we highly recommend trademark users obtain either a federal or a state trademark registration, or in some situations both, to protect their trademark rights.