Where to File a Trademark Application for Registration

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a trademark law firm that represents trademark applicants throughout the world.  Today, I will be answering the question:  Where to file a trademark application for registration.  This is a common question I receive from prospective clients, and those that already have a trademark rights, but further want to protect them via a trademark registration. 

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With: Brian A. Hall

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There are several options out there when looking at where you can file for trademark registration.  The first is with a particular state.  A trademark can be registered with a state such as Michigan, Ohio, Florida, Texas, wherever it may be, and entitle the owner to additional benefits with that trademark registration.  However, their likely limited benefits and not that much better than what you would have under common. Therefore, filing with a particular state for trademark registration may not give you the best return on your investment.  One of the most important places to file for trademark protection in the United States would be the United States Patent and Trademark Office (USPTO).  This federal trademark registration gives you all of the super benefits that come along with such rights.  These include the ability to use the ® symbol, particular statutory damages, and most importantly, the ability to claim exclusive rights in connection with goods or services throughout the United States. 

Now, since trademark rights are territorial or limited to the geographic area in which you register or use, depending upon the particular country’s laws, you may also look to file internationally.  An international trademark application may be filed through the USPTO.  By doing so, you can use your trademark registration in the USPTO to identify the other countries in which you want to protect your trademark.  This could include the European Union or individual countries within the European Union such as Spain or France.  It may also include any other country out there such as countries in Asia.  If you choose not to go through the USPTO to pursue international trademark registration, you can also go directly to the trademark office of that particular country to register your trademark.  This might be, for example, the Canadian Intellectual Property Office (CIPO), which allows you to pursue protection via an application for trademark registration in Canada.  There’s, obviously, also ones in Mexico and other countries throughout the world. 

Therefore, when you are looking at where to register your trademark, it is important to identify where you intend to use your mark and where you would like to have protection, and this can be done by looking at where your goods  or services may go.  And, given today’s Internet age, the fact that almost all goods and services are international in scope thanks to the Internet, you may simply try to prioritize the countries in which you believe you will have the most consumers, and pursue registration in those countries. 

So, once again, this has been Brian Hall answering your question:  Where to file a trademark application for registration.

You’ve been listening to Trademark Law Radio. Whether you are facing a trademark infringement, licensing, monitoring or trademark registration issue, we have a trademark attorney ready to answer your questions.

Comments

[File a Trademark Registration]

The USPTO (Trademark Office) is the key to trademark protection. Without registering your name or brand, you won't get very far trying to fight off trademark infringement. And you won't impress company buyers or investors when it comes time to put a asset value on your trademark.