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State Trademark Search - A full listing of databases
- 31 May, 2024
- Nyall Engfield
State trademark databases
Searching state trademark databases is an important step in conducting a comprehensive trademark search for several key reasons:
- Identify Potential Conflicts at the State Level While federal trademark registration provides nationwide protection, many businesses and individuals choose to register their marks at the state level, particularly if their operations are concentrated within a specific state or region. By searching state trademark databases, you can identify any existing state registrations that may conflict with your proposed mark, even if there are no conflicting federal registrations.
- Common Law Rights In addition to registered state trademarks, state databases may also reveal unregistered marks that have acquired common law rights through use in commerce within that state. These common law rights can potentially prevent you from using a confusingly similar mark, even if the mark is not federally registered or registered in another state.
- Geographic Limitations Some state trademark registrations may be geographically limited, meaning the owner's rights are confined to a specific area within the state. Searching state databases can help you determine if there are any geographically limited marks that could potentially conflict with your proposed mark in a particular region or locality.
- Supplemental Register Marks The United States Patent and Trademark Office (USPTO) maintains a Supplemental Register for marks that are not eligible for registration on the Principal Register due to descriptiveness or other reasons. These Supplemental Register marks are not searchable in the federal TESS database but may be included in state trademark databases, making it essential to search state records for potential conflicts.
- Broader Scope of Protection Some states may offer broader protection for registered marks than the federal system, particularly when it comes to related goods or services. By searching state databases, you can identify potential conflicts that may not be apparent in the federal register due to differing standards of similarity or relatedness.
- Assessing Registrability Searching state databases can provide valuable insights into the registrability of your proposed mark within a particular state. If you find numerous similar marks registered at the state level, it may indicate that your mark is descriptive or lacks distinctiveness, which could impact your ability to obtain a federal registration.
- Comprehensive Due Diligence Conducting a thorough trademark search involves leaving no stone unturned, and state trademark databases are an essential component of this due diligence process. Failing to search state databases can leave you vulnerable to potential conflicts and legal challenges, which can be costly and time-consuming to resolve.
It's important to note that while state trademark databases are critical resources, they should be considered in conjunction with federal trademark databases (try our AI trademark search tool), common law searches, and other relevant sources to ensure a comprehensive understanding of potential conflicts and risks associated with your proposed mark.
Which state trademark databases do I search?
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