State vs. Federal Trademark Search
Federal registration is not the only game in town. State trademarks create real rights — and a federal-only search misses them.
Two Separate Systems
The U.S. has a federal system (USPTO) and 50 individual state systems. A mark can be registered federally, at the state level, both, or neither. State registrations do not appear in the federal database.
Federal Registration
Provides nationwide protection, legal presumption of validity, the ® symbol, and access to federal courts. Based on use in interstate commerce.
State Registration
Protection within the registering state. Less expensive. Appropriate for businesses operating exclusively within one state. But a federal registration generally takes priority nationwide.
Why Both Matter
A state registration predating your federal filing can complicate your application and create geographic limitations. A federal registration can override your state registration outside your established area. Our search covers both systems — the full USPTO database and all 50 state registers.