Trademark state registry

[Jay ellis]

I filed a trademark with colorado Sec of state. Is this the same as a Trademark with library of congress??

 

[quincy]

I filed a trademark with colorado Sec of state. Is this the same as a Trademark with library of congress??

No. The trademark you registered with Colorado says only that no other business in Colorado has registered the same name. The name you use in Colorado could, however, infringe on another trademark holder's rights.

When registering a name with your state, the state advises that you do your own trademark search to make sure the name you have chosen is not in use elsewhere.

It is smart, therefore, to search the USPTO database before choosing a name and then expanding your search to look for the same name that is in use already that is not registered.

Trademarks in the US do not need to be registered to gain rights in the name. It is the first to use a trademark in commerce who is the presumed owner of the mark (although this is a rebuttable presumption).

 

[Jay ellis]

I was referring to an actual Trademark (image) that I registered with Colorado, not the name registry or TradeNAME.

 

[quincy]

I was referring to an actual Trademark (image) that I registered with Colorado, not the name registry or TradeNAME.

A logo?

Same thing applies. A logo is a trademark.

 

[FlyingRon]

Trademarks, by the way, never go anywhere near the Library of Congress. The Library has the Copyright Office, (federal) trademarks go to the US Patent and Trademark Office, part of the Department of Commerce. Completely different branch of government.

 

[quincy]

Trademarks, by the way, never go anywhere near the Library of Congress. The Library has the Copyright Office, (federal) trademarks go to the US Patent and Trademark Office, part of the Department of Commerce. Completely different branch of government.

Good catch. I missed that in Jay's original post.

Logos can be offered both copyright protection and trademark protection, however, so if a logo is original and creative enough it can be registered with the US Copyright Office and with the USPTO.



Here is a link to Jay's other thread: https://forum.freeadvice.com/probate-personal-representatives-114/estates-intellectual-property-rights-637217.html