Legal Question in Intellectual Property in California

Yes. A federal trademark (registration with the United States Patent and Trademark Office) affords protection nationwide and supersedes state filings. Filing at a state level only gives you rights within that state.

Actually, the other attorney answer is not correct. A federal trademark registration with the U.S.P.T.O. does not supersede a state filing. For example, if a state registration is before a federal one, the state registration is a prior use and will trump the federal registration, but only in areas within the state where the mark is actually used. Conversely, if there is an existing federal registration and you try to come after that with a state registration, it all depends on when you first used the mark within the state. If your use was before the federal registration, you have prior common law rights that will trump the federal registration. But if your use began after the federal registration, the federal will trump your use. State registrations only protect rights within the state, and only in the geographic areas where the mark is actually used. Consult with an intellectual property attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney