What is a state trademark registration? In the United States, a trademark may be registered at the federal level and also with the authorities in each of the fifty states.  The law of each state concerning trademark registration and rights may differ, meaning that the protection afforded by one state’s trademark registration differs from that provided by other state registrations.  How do state trademark registrations differ from federal trademark registrations? How Obtained:  A federal trademark registration is issued by the United States Patent and Trademark Office (“USPTO”).  State registrations are issued by a state office, typically the Secretary of State’s office such as the Arizona Secretary of State’s office or the New York Secretary of State's office. Use Requirements for Registration:  A federal trademark registration is available only for marks used in interstate commerce or commerce between the United States and another country.   Purely intrastate use of a mark is not sufficient to obtain a federal trademark registration.  Intrastate use is sufficient, however, for state registration. Presumption of Validity and Ownership:  While a federal registration provides a presumption of the validity of the registration, and ownership by the entity or person identified in the registration records, a state registration provides no such presumption. Basis for Other Filings:  A federal registration can form the basis for filings in other countries, such as an International Registration under the Madrid Protocol.   State registrations cannot. Customs Recordation:   A federal trademark registration can be used to stop unauthorized imports at the U.S. border, but a state registration cannot be used for that purpose. Geographic Area of Registration:  A federal trademark registration provides protection for a trademark, as well as constructive notice of the validity of and ownership of the trademark, throughout all fifty U.S. states.  State registrations protect the mark, at most, within the borders of the state and do not protect the mark in the rest of the United States.  ® Symbol:  A state trademark registration does not convey the right to use the ® symbol.  Only the owner of a federal trademark registration may use the ® symbol. How does one obtain a state registration? One obtains a state trademark registration by filling out a form provided by the relevant state agency and paying a fee.  Forms and fees vary by state.  Some states review the application for conflict with other existing registrations in its database.  Others do not search at all for prior conflicting marks Additional Resources State Trademark and Unfair Competition Law (Volume I and II)