Federal Vs State Trademark Registration
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Clients often ask me whether they should get a trademark registration with their state,
or with the federal government. The answer is quite simple. Don’t waste time or money
with a state trademark registration. Instead, focus on a trademark registration with the
federal government. That’s through the USPTO or the U.S. Patent and Trademark Office. Trademark
law in the United States is generally governed by federal law. In other words, state law
is generally preempted by federal trademark legislation enacted by Congress. By getting
a state registration, you really don’t get much as far as rights that you wouldn’t
already have in a common law trademark. However with a federal trademark registration, you’re
getting a number of substantial rights that apply throughout the United States and allow
you to use the R with a circle around it as a trademark registration symbol.
