Posted On: March 9, 2009 by Jo-Anne Yau

State vs. Federal Trademark Registrations

Clients from coast to coast often ask me: "Should I register my trademark with the U.S. Trademark Office or in with the state in which I do business?" My laconic answer is: YES!

It is possible to have a federal trademark, state trademark, or both. You can register a mark with the United States Patent and Trademark Office to obtain a federal trademark. By registering with the USPTO, you may protect your mark from infringement throughout the United States for a fee of $275.00 per class of goods/services.

On the other hand, you can register your mark with the state in which you do business. The Florida Department of State, Division of Corporations to acquire a state trademark. In this manner, you may protect your mark from infringement in the State of Florida for a fee of only $87.50 per class of goods/services.

Have you considered registering a trademark? Before seeking federal or state registration, you may want to determine the geographic area you’ll use the mark and how much you are willing to pay for the application fee.

For more information on state and federal trademarks, contact a trademark attorney.

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