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State Trademarks

Differences Between State and Federal Trademarks

A trademark can be protected by state, federal, and/or common law.

Under common law, a trademark originates as soon as a symbol, word, or phrase is used in connection with a product or service. Protection under common law is limited, however, so it is usually beneficial to register a trademark with the state or federal government.

Registering a mark with the federal government yields more benefits than registering with a state agency, but the process for registering a mark federally is more more involved and expensive than that for state registrations. If a business is only being operated within one state, and there are no plans to expand the customer base beyond the boundaries of that state, one's needs may be fully satisfied with a state registration.

State Trademark Laws

U.S. State Trademark Laws and Databases from Gregory H. Guillot's "All About Trademarks" Web site provides links to all the state laws concerning trademarks.

State Trademark Registration and Forms

Here you will find information on registering trademarks in each of the fifty states and in the District of Columbia.

Alabama
Lands and Trademarks Division (Alabama Secretary of State)
Alaska
Filing an Alaska State Trademark (Alaska Dept. of Community & Economic Development)
Arizona
Tradenames and Trademarks (Arizona Secretary of State)
Arkansas
Search Trademarks (Arkansas Secretary of State)
California
Trademarks and Service Marks (California Secretary of State)
Colorado
Trademarks FAQs (Colorado Secretary of State)
Connecticut
Trade and Service Marks (Connecticut Secretary of State)
Delaware
Trademarks, Brands, and Labels (Delaware Trademark Act)
District of Columbia
Register a Business Trade Name (D.C. Government)
Florida
Trademark / Service Mark Registration [PDF] (Florida Department of State)
Georgia
Trademarks and Service Marks (Georgia Secretary of State)
Hawaii
Trade Name, Trade Mark, or Service Mark (Hawaii Dept. of Commerce & Consumer Affairs)
Idaho
Trademarks and Service Marks (Idaho Secretary of State)
Illinois
Trademark Publications and Forms (Illinois Secretary of State)
Indiana
Trademarks Information and Search (Indiana Secretary of State)
Iowa
Application for Registration of Mark [PDF] (Iowa Secretary of State)
Kansas
Trademark / Service Mark Registration [PDF] (Kansas Secretary of State)
Kentucky
Trademarks / Service Marks (Kentucky Secretary of State)
Louisiana
Application to Register Trademark [PDF] (Louisiana Secretary of State)
Maine
Marks and Trade Names (Maine Secretary of State)
Maryland
Trademarks and Service Marks (Maryland Secretary of State)
Massachusetts
About Trademarks and Service Marks (Massachusetts Secretary of State)
Michigan
Trademarks and Service Marks [PDF] (Michigan Dept. of Consumer & Industry Services)
Minnesota
Trade and Service Marks (Minnesota Secretary of State)
Mississippi
Application to Register/Renew Trade and Service Marks [PDF] (Mississippi Secretary of State)
Missouri
Trademarks and Service Marks (Missouri Secretary of State)
Montana
Application for Registration of Mark [PDF] (Montana Secretary of State)
Nebraska
Trademark / Service Mark Application [PDF] (Nebraska Secretary of State)
Nevada
Trademarks (Nevada Secretary of State)
New Hampshire
Trademark/ Service Mark Forms and Laws (New Hampshire Secretary of State)
New Jersey
Register / Renew State Trade and Service Marks (New Jersey Division of Revenue)
New Mexico
Trademarks and Service Marks (New Mexico Secretary of State)
New York
Trademark Forms and Instructions (New York Dept. of State)
North Carolina
Trademarks (North Carolina Secretary of State)
North Dakota
Trademark / Service Mark Registration (North Dakota Secretary of State)
Ohio
Trademarks / Service Marks (Ohio Secretary of State)
Oklahoma
Trademark (Oklahoma Secretary of State)
Oregon
Trade and Service Marks - Registration [PDF] (Oregon Secretary of State)
Pennsylvania
Registration of a Trademark (Pennsylvania Department of State)
Rhode Island
Trademark / Service Mark Section (Rhode Island Secretary of State)
South Carolina
Trademarks (South Carolina Secretary of State)
Tennessee
Trademarks (Tennessee Department of State)
Texas
Trademark Forms (Texas Secretary of State)
Utah
Trademark (Utah Division of Corporations and Commercial Code)
Vermont
Trademarks (Vermont Secretary of State)
Virginia
Trademarks and Service Marks Registered in Virginia (Virginia State Corporation Commission)
Washington
Trademark Registration / Renewal [PDF] (Washington Secretary of State)
West Virginia
Trademarks and Service Marks (West Virginia Secretary of State)
Wisconsin
Trade Names and Trademarks (Wisconsin Secretary of State)
Wyoming
Trademarks (Wyoming Secretary of State)

 

This page is maintained by Bobby Griffith last modified Wednesday, July 23, 2008. 02:44 PM
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