Table of Contents 

1. Why Protecting Your Brand Identity Matters 

2. Choosing the Right Trademark Strategy: Local or National 

3. Local or Regional Protection: State Trademarks 

4. National Protection: Federal Trademarks 

5. State v Federal Trademarks: A Quick Comparison 

6. Why a Trademark Search Is Critical 

7. Final Thoughts: Protect Your Brand for the Long Term 

There’s nothing more exciting for a business owner than creating a brand identity that stands out. A catchy business name, a memorable logo, and a distinctive slogan can set your company apart for years to come. But once you’ve invested the time, creativity, and money to build your brand, how do you protect it? 

Why Protecting Your Brand Identity Matters 

Your brand is one of your most valuable assets. Without proper protection, competitors can misuse your name, copy your logo, or capitalize on your hard-earned reputation. Conducting a trademark search and pursuing trademark registration—whether at the state or federal level—are essential steps to safeguard your business and secure your exclusive rights. 

Choosing the Right Trademark Strategy: Local or National? 

How you plan to use your brand determines the type of protection you need. Ask yourself: 
– Will I only sell locally? 
– Do I plan to expand regionally? 
– Is my goal to sell products or services nationwide? 

Local or Regional Protection: State Trademarks 

If you’re, say, a baker selling goods online but focusing only on your local area, a state trademark might be enough. Filing with your Secretary of State gives you exclusive rights to your company name within your state. Filing a logo mark with the state, where available, provides similar rights to the logo. If you expand to neighboring states, you can file state trademarks in those specific states as well. You should note that the use of your name or brand continuously even without the filing of a state or federal trademark gives you certain common law rights which can protect your brand, but these rights have significant limitations. 
 
Benefits of State Trademarks: 
– Faster and more affordable to obtain 
– Provide exclusive rights within state borders 
– Ideal for businesses with a limited geographic footprint 

National Protection: Federal Trademarks 

If your long-term goal is to sell across the country, a federal trademark is the better choice. Federal registration through the U.S. Patent and Trademark Office (USPTO) grants exclusive rights nationwide, making it easier to stop infringers in any state. 
 
Key Features of Federal Trademarks: 
– Nationwide protection 
– Listing in the USPTO database, which deters competitors 
– Ability to use the ® symbol once registered 
– Stronger enforcement rights, including access to federal courts 
 
However, federal trademarks are more complex and expensive to obtain. Filing fees currently start at $350 per international class, and your mark must either be: 
1. In Use (Section 1(a)): Already in interstate commerce; or 
2. Intent to Use (Section 1(b)): Planned for future use, with a Statement of Use required later which requires an additional filing fee. 
 
Timing matters—your goods or services must be in interstate commerce before the USPTO will grant registration. 

State vs. Federal Trademarks: A Quick Comparison 

Feature	State Trademark	Federal Trademark
Cost	Lower	Higher ($350/class
Processing Time	Faster	Slower (8–12 months avg.)
Geographic Scope	Within one state	Nationwide
Enforcement Power	Limited	Strong, federal remedies

Why a Trademark Search Is Critical 

Before filing at either level, conducting a comprehensive trademark search is crucial. This helps ensure your brand name, logo, or slogan isn’t already in use, reducing the risk of costly disputes or rejection by the USPTO. 

Final Thoughts: Protect Your Brand for the Long Term 

Creating a distinctive brand identity is only the first step. Securing trademark registration—whether at the state or federal level—ensures that your brand remains exclusively yours. An experienced trademark attorney can guide you through the trademark search, registration, and maintenance process to help you protect your investment. 
 
Ready to protect your brand? Explore our trademark search and registration plans, or book a consultation with a trademark attorney today at [insert link to “Consult with a Trademark Attorney” button at bottom of Homepage.