What is the difference between state and federal trademark registration?
State and federal trademark registration both provide protection to a trademark, i.e., a word, phrase, logo, or design that identifies a particular product or service. The main difference is that state trademarks grant protection only within that state, while federal trademarks grant nationwide protection. In North Carolina, the trademark owner must file an application with the North Carolina Secretary of State’s Office in order to obtain a state trademark. This application must include a description of the goods or services for which the trademark is being registered as well as a specimen of the trademark. Once the application is approved, the trademark owner has the exclusive right to use that trademark within the state. Federal trademark registration is handled by the United States Patent and Trademark Office (USPTO). To register a trademark federally, the trademark owner must file an application with the USPTO that includes the same information required for a state trademark registration in North Carolina. The USPTO will then search through its records to make sure that no other trademarks already exist that are similar or identical to the one being applied for. If the USPTO finds no conflicts, it will grant the trademark owner a federal trademark registration. This registration gives the trademark owner nationwide protection and exclusive rights to the trademark.
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