We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a State Trademark?

By Daphne Mallory
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A state trademark refers to a trade or service mark registration at the state level. It protects the rights of the registrant within the state where he or she registers only, whereas a federal trademark protects against infringement in all 50 states. The rights to a state trademark are derived from common law and are often based on proof of first use. The purpose of a state trademark is for consumers to distinguish between goods and services and to prevent competitors from taking advantage of an established brand and the goodwill of accompany. Each state has its own requirements for trademark registration that often include submitting an application and paying a fee.

An individual or business entity who uses a mark in a state can apply for a state trademark. Each state has a form to complete, and most of them can be filled out and submitted online. The Secretary of State Office is often in charge of reviewing and approving trademark registrations. The form requires the registrant to include a description of the mark and a picture if necessary for logos and other visual marks. The registrants also have to include a description of the goods and services that are associated with the mark.

One of the most important aspects of the trademark registration form and requirements for obtaining a state trademark is the date that the mark was first used in the state. Most forms will also ask for the date that the mark was first used anywhere, including in other states. A state trademark often belongs to the individual, partnership, or corporation that uses it first. When there are objections to the trademark registration, the first use date and continuous use are often used to help determine whether the registration will be granted. For example, an individual who applies for a trademark registration based on a first use date that is after the date of another applicant may be denied a trademark.

Certain marks are not eligible for a state trademark registration. For example, states often prohibit the registration of any mark that contains the state or national flag or other symbols or marks that belong to the government. Some states also limit the use of images of a living person unless the registrant obtains written permission.

Owners of a state trademark have exclusive rights that others don’t have to that mark. These include the right to license or sell the trademark for a profit. Also included is the right to sue individuals and businesses for trademark infringement.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.