State trademarks

If the owner of a mark is not using a mark on goods or services in interstate commerce, it is generally possible to register a mark with a state trademark registry.  For example, it is possible to register a mark in Massachusetts with the Secretary of the Commonwealth of Massachusetts.  Such a registration allows the owner of the registration to prevent others from using a same or similar mark on related goods in that particular state.  

For example, let's say that a business providing custom framing services in Chatham, Massachusetts, adopts the mark OLD COLONIAL FRAMES (Note:  This name does not refer to any specific company!).  The owner registers the mark  the mark with the Commonwealth of Massachusetts Secretary of the Commonwealth trademark register.   

After the owner of the framing business registers the mark with the Commonwealth, another company located in Williamstown, Massachusetts adopts YE OLDE COLONIAL FRAMES for the same type of business. 

Because the marks are similar and the goods or services related, the company in Chatham will be able to prevent the company in Williamstown from using that mark. 

However, the company located in Chatham will not be able to rely on their registration with the Commonwealth to prevent the use of a same or similar mark in other states.  They would need a federal registration to do that. 

We can provide guidance and assistance in obtaining state trademark registrations