The First Step in Protecting Your Brand Identity
Not sure how a state vs federal trademark affects your brand?
In a nutshell, federal trademarks offer national protection. State trademarks offer narrow, localized protection, and unfortunately, state trademark offices do not even check if there is a federal trademark that would make your state trademark registration meaningless.
According to the U.S. Patent and Trademark Office (USPTO), more than 700,000 trademark applications are filed each year. This shows how vital brand protection has become in the modern economy. Businesses that fail to protect their names, logos, or slogans risk losing the very identity that sets them apart.
At Weiss & Moy, P.C., based in Phoenix, Arizona, and with offices in Boca Raton and Las Vegas, our law firm has decades of experience helping companies of all sizes prepare and file federal trademark applications.
Our attorneys have handled trademark registration across Arizona, Nevada, Florida, and nationwide. Through our global network, we also assist with international filings.
FAQs
What is the difference between a state and federal trademark?
A state registration protects your mark only within that state. A federal registration provides nationwide coverage through the USPTO.
How long do they last?
It can last indefinitely if you continue using it and file the required maintenance documents with the USPTO.
Can I start with a state registration and later move to federal?
Yes but it is best to start federally as almost all businesses are now involved in interstate commerce and have out of state customers so they can get federal trademark protection.
Do I need an attorney to file?
You are not required to have one, but hiring an experienced attorney greatly reduces the risk of errors or rejection. For many businesses their trademark is one of their most important assets. It is best to get guidance by an experienced trademark attorney and have them in charge of obtaining trademark protection for your names and logos.
What Is a State Trademark?
These are filed through a state agency, usually the Secretary of State. It gives you exclusive rights to use your mark within that state’s borders but only if no one has a previous federal registration that is likely to be confused with your mark. Further, First use gives you first rights so even if someone has not filed to protect their mark in a state or federally but has started using the mark one may be able to file for state protection but would lose that protection to a prior user of a similar mark in a similar business.
The limitations, however, are significant. Protection does not extend beyond the state you file in. If you file in Arizona and later expand into Nevada or Florida, you would need separate registrations in each state. Without a federal filing, you cannot stop a business in another state from using a similar name.
What Is a Federal Trademark?
A federal trademark is filed through the U.S. Patent and Trademark Office. It protects your brand nationwide and allows you to use the ® symbol once your registration is approved.
Federal protection comes with valuable advantages. It gives you stronger rights to enforce your mark in federal court, helps you block imports of infringing goods at the border, and can serve as a foundation for international protection. Federal filings are also recorded in the USPTO database, making it easier to deter others from adopting a confusingly similar name.
Comparing State vs Federal Trademark
When comparing state vs federal trademark options, the key difference is scope. State protection is narrow, while federal protection is broad.
A federal filing is better for businesses aiming for growth, e-commerce sales, franchising, or licensing opportunities.
As Farley I. Weiss explains: “The right trademark strategy is often the difference between a brand that thrives and one that faces constant legal challenges.”
How Long Does a Trademark Last and How to Keep It Active
In the U.S., a federal trademark lasts ten years from the registration date. Between the fifth and sixth years, you must file a Section 8 and Section 15 Declaration of Continued Use. Every ten years, you must file both a Section 8 Declaration and a Section 9 Renewal. If deadlines are missed, a six-month grace period is available with an added fee. If you stop using your mark, you risk losing protection.
How Weiss & Moy, P.C. Can Help You Protect Your Brand
At Weiss & Moy, P.C., we handle every aspect of brand protection. We prepare and prosecute applications with a tremendously high success rate. We respond to USPTO office actions, negotiate licensing deals, and enforce rights.
For businesses in Arizona, Nevada, Florida, or any state across the U.S., we provide guidance tailored to your needs. And through our network of foreign associates, we extend that support worldwide.
Choosing the Right Trademark for Your Business
The decision between state and federal protection, including the type of trademark to apply for, comes down to your business goals. If you want to grow, federal protection offers stronger, lasting coverage.
Should you get a federal or state trademark? Hopefully, our blog post has helped you make that decision easier.
Weiss & Moy, P.C. is ready to guide you through the process. Our trademark attorneys combine deep legal knowledge with decades of experience to help you protect the brand you worked hard to build.
Call toll-free at 888-689-1862, or click here to schedule a consultation.
About the Author
Farley I. Weiss is a Copyright & Trademark Attorney at Weiss & Moy, P.C. in Phoenix, Arizona. With decades of experience in trademark law, he advises businesses across the United States on brand protection, registration, and enforcement. Farley has successfully represented clients before the U.S. Patent and Trademark Office. His practice also includes international trademark filings through a trusted network of foreign associates.
