QUESTION: I have a business that I’ve been using for awhile, just never trademarked it. My business name is under an LLC. I want to know if I would get rejected from trademarking it even though I started using it before the others. Its trademarked 5x’s and one person trademark the name for tshirts (like I want to), and then a travel service. Or should I just trademark it separately state to state instead of going through USPTO?
ANSWER: Obtaining state trademark registration may allow you to get around others who already have federal trademark registration. However, state registration provides trademark rights that are different from federal trademark rights. And even if you get state registration, you may still be infringing another’s federal trademark rights.