Is a State Trademark Search for you? Many people don’t realize that there are two different types of trademarks: a federal trademark, which protects you on a federal level and a state trademark which protects you within one state only.

STATE TRADEMARK VS. FEDERAL TRADEMARK

The state trademark is going the way of the dodo bird and so too is the state trademark search. Today, almost all companies whose name would conflict with your mark have a website or some Internet presence, and since that website is available all over the world, they are usually eligible for federal protection, as they do business over state lines. And, since a federal trademark is more powerful than a state trademark, most people simply opt for a federal trademark. A state trademark still has some important uses for a company that will only do business in one particular state and NEVER want to do business outside of that state, but if you are going to do business on the internet or think you might grow and one day cross state lines when you do business you want to try to obtain Federal Trademark Protection.

EVEN IF YOU ARE ONLY GOING TO START WITH A STATE TRADEMARK SEARCH YOU WANT TO DO A FULL TRADEMARK SEARCH.

Let’s say you decide to name your business the ABC Company and you do a secretary of state trademark search. It comes back clean and you are awarded a state trademark in NJ. You spend all that money on branding your company, getting business cards, getting a website, etc etc. But it’s very possible you could get a cease and desist letter and a lawsuit because you could be infringing on someone else’s trademark.A state trademark search gives you no idea if your name is already being used somewhere on the federal level and even if you have a state trademark, their federal trademark can trump your state trademark.

If you only do a state trademark search and do not do a federal trademark search you won’t know if someone already has a federal trademark or is using the name under common law. Trademark law is funny, just using a name gives you what is called common law rights. If you are serious about your business you need to know if there is any room for you to grow and expand to the federal level.

YOU SHOULD ALWAYS TRY TO GET A FEDERAL TRADEMARK IF POSSIBLE

To do that you just have to be doing business over state lines. A website usually gives you that. Even if you are only going to use your name and won’t be eligible for federal protection right away, you need to know if your name is already being used on the federal level. So do the free or cheap secretary of state trademark search in your state and also buy a federal trademark search so you know if you have any room to grow in the future and more importantly, know if someone might sue you because you are on the internet and they will feel you are infringing on them.

If you have any questions, we are happy to answer them, just contact us!

If you do decide to get trademark and/or service mark registration at the state level, you need to file an application with the trademark office of the specific state in which you are looking for protection. For information about state registration requirements, applicants must contact the individual state trademark office. This is where you will find out about a state trademark search. For example, if you were looking for a California trademark search, just find the link below and it will take you to the page that will help you register/search.

 

Trademark Search Alabama	AL	Is a state trademark search enough? Read our info above.
Trademark Search Alaska	AK	Is a state search enough? Read our info above.
Trademark Search Arizona	AZ	Is a state search enough? Read our info above.
Trademark Search Arkansas	AR	Is a state search enough? Read our info above.
Trademark Search California	CA	Is a state search enough? Read our info above.
Trademark Search Colorado	CO	Is a state search enough? Read our info above.
Trademark Search Connecticut	CT	Is a state search enough? Read our info above.
Trademark Search Delaware	DE	Is a state search enough? Read our info above.
Trademark Search Distrct of Columbia	DC	Is a state search enough? Read our info above.
Trademark Search Florida	FL	Is a state search enough? Read our info above.
Trademark Search Georgia	GA	Is a state search enough? Read our info above.
Trademark Search Hawaii	HI	Is a state search enough? Read our info above.
Trademark Search Idaho	ID	Is a state search enough? Read our info above.
Trademark Search Illinois	IL	Is a state search enough? Read our info above.
Trademark Search Indiana	IN	Is a state search enough? Read our info above.
Trademark Search Iowa	IA	Is a state search enough? Read our info above.
Trademark Search Kansas	KS	Is a state search enough? Read our info above.
Trademark Search Kentucky	KY	Is a state search enough? Read our info above.
Trademark Search Louisiana	LA	Is a state search enough? Read our info above.
Trademark Search Maine	ME	Is a state trademark search enough? Read our info above.
Trademark Search Maryland	MD	Is a state search enough? Read our info above.
Trademark Search Masachusetts	MA	Is a state search enough? Read our info above.
Trademark Search Michigan	MI	Is a state search enough? Read our info above.
Trademark Search Minnesota	MN	Is a state search enough? Read our info above.
Trademark Search Mississippi	MS	Is a state search enough? Read our info above.
Trademark Search Missouri	MO	Is a state search enough? Read our info above.
Trademark Search Montana	MT	Is a state search enough? Read our info above.
Trademark Search Nebraska	NE	Is a state search enough? Read our info above.
Trademark Search Nevada	NV	Is a state search enough? Read our info above.
Trademark Search New Hampshire	NH	Is a state search enough? Read our info above.
Trademark Search New Jersey	NJ	Is a state trademark search enough? Read our info above.
Trademark Search New Mexico	NM	Is a state search enough? Read our info above.
Trademark Search New York	NY	Is a state search enough? Read our info above.
Trademark Search North Carolina	NC	Is a state search enough? Read our info above.
Trademark Search North Dakota	ND	Is a state search enough? Read our info above.
Trademark Search Ohio	OH	Is a state search enough? Read our info above.
Trademark Search Oklahoma	OK	Is a state search enough? Read our info above.
Trademark Search Oregon	OR	Is a state search enough? Read our info above.
Trademark Search Pennsylvania	PA	Is a state search enough? Read our info above.
Trademark Search Puerto Rico	PR	Is a state trademark search enough? Read our info above.
Trademark Search Rhode Island	RI	Is a state search enough? Read our info above.
Trademark Search South Carolina	SC	Is a state search enough? Read our info above.
Trademark Search South Dakota	SD	Is a state search enough? Read our info above.
Trademark Search Tennessee	TN	Is a state search enough? Read our info above.
Trademark Search Texas	TX	Is a state search enough? Read our info above.
Trademark Search Utah	UT	Is a state search enough? Read our info above.
Trademark Search Vermont	VT	Is a state search enough? Read our info above.
Trademark Search Virginia	VA	Is a state search enough? Read our info above.
Trademark Search Washington	WA	Is a state search enough? Read our info above.
Trademark Search West Virginia	WV	Is a state search enough? Read our info above.
Trademark Search Wisconsin	WI	Is a state search enough? Read our info above.
Trademark Search Wyoming	WY	Is a state trademark search enough? Read our info above.

Don’t forget that a State Trademark Search may not be enough!