State vs Federal Trademarks
When protecting your brand—whether it's your business name, logo, or slogan—trademarks are a powerful tool. However, not all trademark protections are created equal. One of the biggest decisions is whether to register their trademark at the state level or go for a federal registration.
Scope of Protection is the first big difference.
A federal trademark registration protects your brand across all 50 states. That means no matter where someone tries to use a similar name or logo, you’ll likely have the legal right to stop them. State trademark protection, on the other hand, only covers the state where the trademark is registered. For example, if a business registers a trademark only in California, that protection does not extend beyond California’s borders.
Federal trademarks also come with stronger legal benefits. When your mark is registered with the U.S. Patent and Trademark Office (USPTO), it may give you the legal presumption that you own the mark and have the exclusive right to use it nationwide. It also may allow you to block counterfeit or unauthorized goods from entering the country under your brand. State registrations don’t offer these benefits—they're limited to the laws and courts of that particular state.
Another important concept is preemption, which means federal law takes priority over state law when there's a conflict. If your trademark is federally registered and there’s a state law that interferes with your rights, the federal registration will usually win out. This helps maintain consistency across the country.
Another big perk of federal registration is that it puts the public on constructive notice, a legal way of saying that everyone is considered to know your trademark exists. This makes it harder for someone to later claim they didn’t know your brand was taken. Over time, federal trademarks can also gain incontestable status, which makes them even more difficult to challenge in court. State trademarks don’t offer this kind of long-term strength.
Basically, federal trademark protection offers broader, stronger, and more reliable coverage than state registration. While a state trademark can help protect your business in one location, federal registration gives you the legal tools to defend your brand across the country.
Ready to protect your brand at the national level? You don’t need to find an attorney in your state. Under federal law, an attorney doesn’t need to be licensed where you live to help you file a trademark application with the United States Patent and Trademark Office (USPTO). According to 37 C.F.R. § 11.14, any qualified attorney can represent clients in trademark matters before the USPTO, regardless of where the client is located. That means you can choose the attorney who best understands your business and goals, no matter where they’re based.
If you're thinking about taking the next step with your trademark, reach out today to learn how federal registration can give your brand the protection it deserves.