Reports of the demise of state trademark registries are greatly exaggerated. Although some practitioners vow to never file another state registration, it can be highly desirable to file a state trademark registration to evidence common law rights when it is not possible or practical to file a federal registration.

The advantages of federal trademark registration are well known. First and foremost, federal registration generally establishes exclusive rights to use a mark in connection with specified goods and services nationwide. It also creates prima facie evidence of the validity of the registration, ownership by the registrant and the mark’s continued use since the filing date.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]