If you are filing in the United States should you file for a Federal trademark or a State trademark?
Let’s start with the basics. Common law trademark rights arise from actual use of a mark however they extend only to places where the mark has been actually used in commerce. Additionally, common law rights are extremely limited and they should be viewed as a last resort rather than the central component of your trademark strategy.
Bearing in mind the limitations of common law trademark rights, let us consider the two other types of trademark protection that are available, namely Federal trademarks and State trademarks.
Under the Lanham Act a Federal trademark registration will give you rights throughout the United States while a State trademark registration will only give you rights within the territory of that State.
A State trademark application is relatively fast and inexpensive and the filing fee is usually around $50 to $75 per class of goods and services. A Federal trademark application costs between $225 and $325 per class depending on which filing option is selected. Further details regarding the USPTO’s fee structure can be found here:
http://www.uspto.gov/trademarks-application-process/filing-online/trademark-application-fee-structure
While a Federal trademark costs more and takes considerably longer to be examined than a State trademark, it provides considerably more benefits and protection. As well as trumping a State trademark in the event of any conflict, a Federal trademark can also form the basis for filing applications in other countries by using the Madrid Protocol system and it can be used to prevent unauthorized imports at the United States border.
There are nevertheless some situations where selecting a State trademark may be your preferred option. For example, if you are relatively short on funds and never plan to do business outside your State then a State trademark may be a better option for you. Having a State trademark registration will create an official record of the date that you began using your trademark and this record can be extremely helpful if you want to stop another business from using a similar mark or if another business accuses you of trademark infringement.
The USPTO has compiled the below resource which contains website links for all State trademark Offices:
http://www.uspto.gov/trademarks-getting-started/process-overview/state-trademark-information-links
TMpedia recommends this trade mark law firm who has been personally endorsed by the Shark Tank’s Kevin O’Leary. They offer a money-back guarantee if your trade mark is not approved by the USPTO.