Domestic Trademark Registration
Your trademark has a story that builds your branding and identity. While your trademark serves as a market map by which your customers will never forget, it ultimately distinguishes the source of your products and/or from your competitors, making it your intellectual property.
Hence, this is where Domestic Trademark Registration comes in — giving your trademark exclusive legal rights, enforcement, and protection against trademark infringers in the marketplace.
So, what is Domestic Trademark Registration? And why is it so important?
Domestic trademark registration refers to any trademark registered inside state and federal territory. There are two significant categories of trademark registrations — a federal registration and a state registration.
Let’s break them down:
Nationwide protection for your brand comes when your trademark is registered at the federal level. Here, you have to file your trademark application directly with the United States Patent and Trademark Office (“USPTO”) and is oftentimes a more involved process than state trademark registrations given its scope of coverage.
What do you get after a registered federal trademark?
- Federal recognition of your trademark registration (i.e., recognition of your trademark rights in all 50 states);
- Courts presumethe validity of your trademark registration (meaning you do not have the burden of proof) and collecting damages is available;
- You prevent third parties from infringing your federally registered trademark;
- You’ll be able to enjoy using the ® symbol after your trademark.
During a federal trademark application, there are particulars that you will need to supply the USPTO. Depending on how you file your mark, the information you submit at the time of filing can include the following:
- The type of mark –for example – whether it is a wordmark, design mark, sound mark, or certification mark;
- A drawing and a specimen of your mark;
- A detailed description of the classification of your goods or services; and
- A filing basis.
In contrast, state trademarks provide limited allowance and protection to businesses that consider providing and offering their products and services in a specific locality. In short, your brand is only protected in the state where you are registered.
Generally, you will need to show use of your mark prior to you being able to seek registration on the state level. Otherwise, your application will be rejected.
What are the requirements to file state trademark applications?
- Use of your mark in connection with the goods and/or services;
- Provide a specimen or a drawing of your trademark; and
- Identify the class(es) and specify the goods and/or services you provide.
Planning to file for a Domestic Trademark Registration?
Filing for domestic trademark registration can be complex and time-consuming. If your application lacks certain requirements or the application is deficient, you may be facing even higher costs to have the issues resolved. Accordingly, our firm is ready and able to take this burden off of your shoulders and handle this process for you. If you would like a free consultation, please feel free to reach out to us!