Trademark- If A Wd. Art Is Trademarked On A State Level, Can You Surpass It With A Federal Trademark?
Wednesday, February 10th, 2010 at
11:34 am
My teacher brought in a trademark/copyright lawyer and he said to the class that we should just get state trademarks b/c they’re cheaper. But if I was to get a word art trademarked (like Star Wars is trademarked) could someone nab Buy Xenical my word art trademark on the federal level (even if i would have it protected in my state)
Please help I’m confused
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Tagged with: Federal • Level • State • Surpass • Trademark • Trademarked
Filed under: Lawyer FAQ
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In short, a state trademark is useful if you operate solely in one state and do not have plans for expansion. If the state mark was in use before the date of first use of the federally registered mark, the prior state user may have some rights to use the mark, but those rights would be limited to a certain geographical area, usually the state where the mark has been registered and used.