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Federal registration provides a broader spectrum of rights than state registration, as it confers the federal trademark owner national rights against confusingly similar marks. State registration is limited to statewide rights against confusingly similar marks.
Generally, marks cannot be confusingly similar to existing registered or earlier-applied-for marks. Marks also cannot be merely descriptive of the goods or services. For example, the mark “juice” may not be protectable under federal trademark law as a trademark for a beverage, because it merely describes the goods being sold. These are just a few of the many criteria for the registrability of a mark. It is best to consult an experienced trademark attorney before attempting to register a mark. Costly and unsuccessful attempts to register an unregistrable mark may thus be avoided.
Assuming continued use of the mark, a federal trademark registration is good for ten years and may be renewed thereafter. Wissen Research handles patent, trademark, and other intellectual property needs for clients throughout USA. For further information about intellectual property law, please contact us today.