A federal trademark registration is permitted only for marks used in interstate or international commerce. Marks used solely for intrastate commerce may only receive state trademark registration. In California and most other states, trademarks are issued by the Secretary of State.
The process of obtaining a federal trademark registration is more time-consuming and rigorous than that of state trademark registration. Likewise, the protections afforded federally-registered marks are much greater than those afforded state-registered marks. Accordingly, mark owners are usually well-advised to obtain a federal trademark registration if possible. Our trademark attorneys will explain to you the pros and cons of federal and state trademark registration for your individual case.
Other Frequently Asked Questions
- Can a family name or surname be trademarked?
- How long does it take get a trademark or service mark?
- What constitutes trademark infringement?
- What is the difference between a trademark and service mark?
- What is the difference between state and federal trademark?
- Will a state trademark protect a nationwide brand?