ABA Family Legal Guide

Forming and Operating a Small Business

Intellectual Property

Trademarks

What are my alternatives if I want to register my trademark?

State trademark registration is a relatively simple and inexpensive option that a small business may wish to consider. State-level registration provides trademark protection beyond common-law protection, but only in the state in which it is registered. For a company with only a local focus, this may be the optimum level of protection.

State trademark registration is generally quicker and less expensive than federal trademark registration, but it only prohibits others in that state from using the mark and can be superseded by a federal trademark. If you think your trademark is valuable and you want it to be protected in all the states, indefinitely, it may be worth the cost and the paperwork to undertake federal trademark registration. In fact, most businesses either apply for federal registration or rely on common-law trademark rights rather than seek state trademark registration.