What is the difference between a trademark and a federal trademark? And what is the process for getting a mark

Question

I have something that i would like to trademark. but i keep getting different information on a trademark and federal trademark? Then, the process. I was told that I could do it myself. then i was told that i should pay someone to do it. (now i must agree that make more sence however, paying someone is not in my budget.) Any suggestion????

Answer 1

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

The answer above is incorrect.

Federal trademark registrations are presumptively valid, and, in litigation, present a prima facie case of validity. However, there are state trademarks as well, under common law.

It is technically possible for anyone to file a federal registration application with the USPTO that will make it through the system, however, having an experienced attorney to deal with the issues raised by the trademark examiners is almost always a good idea.

Disclosure: A substantial part of my practice is trademark registration.

Answer 3

States have their own trademark laws, that protect from trademark violation within the state. Most have some sort of formal registration process, but many also grant some protections even to unregistered marks.

Federal trademark registration is different. Not only does it provide greater scope of protection (nation-wide) but it provides several specific benefits relating to interstate commerce and customs enforcement. But it also tends to be more expensive.

For state trademarks, you should contact your local secretary of state's office, or if your state has a secretary of commerce that office might also be appropriate. The state office will tell you what the procedure for filing is.

Answer 4

In the U.S. Patent and Trademark law is ALL federal. States do not have the power to issue either so any "trademark" is by definition a "federal trademark."