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Trademark 101: Roll the dice and choose: State or Federal Registration

  • Writer: Amy N
    Amy N
  • Jun 1, 2024
  • 2 min read

Updated: Jun 3, 2024



Imagine you're the proud creator of "Giggle Water," your home-brewed brand of soda that tickles the taste buds and induces spontaneous laughter. Now, you're thinking about protecting your brilliant brand name because, let's face it, who wouldn't want a piece of that fizzy fun? In the U.S., when it comes to trademarks, you have two playgrounds to choose from: the state level and the federal level. Here’s how each stacks up, using our "Giggle Water" as a fun example.

State Registration: This is like claiming your favorite swing in the local park. It’s cheaper and quicker, and it gives you bragging rights in your own backyard. If you only plan to sell "Giggle Water" at local farmers markets in, say, Idaho, then a state trademark might be all you need. It tells your local competitors, "Back off, buddy, this laugh’s mine," but only within state lines.

Federal Registration: Now, if you have grand dreams of shipping "Giggle Water" to thirsty customers from California to Maine, you’ll want to step up to federal registration. This is like getting a VIP pass to every theme park in the country. It’s more expensive and involves a bit more paperwork (think of it as the long line for the best roller coaster), but it offers robust protection across all states. Plus, it puts you in the federal database, which is like having your soda formula locked up in the Fort Knox of trademarks.

Choosing between state and federal registration depends on how big you want to go. Keep it local, and state registration might suffice. Dreaming big? Then federal is the way to fly. It’s like deciding whether to host your birthday party at home or rent out an entire amusement park. Both are fun, but one definitely screams "Go big or go home!"

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The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Attorney-client relationships are not constituted by receiving or viewing this information. Every case is different. Stories and testimonials are evidence of past results and do not guarantee conformity to any case.

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