When Should a State Trademark Registration Be Considered?

The filing of state trademark or service mark registration is a relatively simple and inexpensive matter. Moreover, a state trademark registration can often be obtained even in the case of a relatively nondistinctive mark. Although state registrations give minimal protection, the comparative ease and availability they afford gives rise to a preference of overall efficiency and economy. In addition state trademark registrations are appropriate for marks that are only used within a given state, because use in interstate commerce is a prerequisite of federal registration. However, as a result of today’s Internet revolution, interstate commerce may be practically automatic for companies that advertise their goods and services on the Internet.