Guide

State trademark search

Every U.S. state keeps its own trademark register, separate from the federal one at the USPTO. A state search finds marks registered only in that state, which a USPTO search never shows. Below is the official search for each state, with how to use it.

State and federal trademarks are separate registers

Trademark search by state

The official search of the state trademark register, run by the office named. Where a state has no online search, the note says how to ask. Search the exact name and close variations, as the states refuse a mark that is confusingly similar to one already registered.

A complete search, in order

  1. The federal register, for the name and similar wording in your classes: the trademark availability check does this and scores each match.
  2. Your state's register, and the registers of the states where you sell, from the table above.
  3. The web, marketplaces and app stores, for businesses using the name without registering it.
  4. Logos, if you have one: the logo search by image compares it with registered logos.

More detail: how to check if a name is trademarked.

State or federal registration?

If you only trade in one state and want a low-cost public record of your claim there, a state registration does that. If you sell in more than one state or online, a federal registration is the stronger choice: it covers the whole country, lets you use the ® symbol, and counts against later applicants nationwide. Costs and steps: what a trademark costs and how to trademark a name.

Questions

Does a state trademark search include federal trademarks?

No. A state register lists only marks registered with that state. Federal registrations are on the USPTO register, which our free U.S. trademark search covers. Check both, plus the web for businesses using the name without registering.

Does a state trademark protect my brand nationwide?

No. A state registration covers that one state. A federal registration with the USPTO covers the whole country, and an earlier federal owner can stop you even where you hold a state registration.

Do all states have a trademark register?

All 50 states do. The District of Columbia does not register trademarks, so a business there relies on federal registration.

Is a state trademark worth it?

It can be for a business that only trades in one state: it is cheaper and faster than federal registration and puts your claim on the public record there. If you sell across state lines or online, federal registration is usually the better protection.

Why search state registers if I am filing federally?

A business that registered the name with a state, or simply used it first in its area, can have rights the USPTO search does not show. Finding it before you file or launch costs far less than a dispute later.

General information, not legal advice. State procedures and search systems change; the links were checked on the date above. For a name you will build a business on, a trademark attorney can run a full clearance search.