A Massachusetts state trademark and a federal one solve different problems. Here is what each protects, and which your business really needs.
Run a free trademark searchBoston is a national and global business city: biotech, universities, finance, software, healthcare. Companies that form in Massachusetts almost never sell only within it. That is worth knowing before you file, because a Massachusetts state trademark protects your name in Massachusetts and nowhere else. The phrase covers two separate registrations. The state one goes through the Secretary of the Commonwealth; the federal one goes through the USPTO.
General information to help you decide, not legal advice. Trademark rights can depend on how and where a mark is used, the goods or services involved, prior users, and other facts. Source: Secretary of the Commonwealth, About Trademarks. Secure Mark USA does not file Massachusetts state applications.
| Massachusetts state | Federal (USPTO) | |
|---|---|---|
| Filed with | Secretary of the Commonwealth | U.S. Patent and Trademark Office |
| Protects | Massachusetts only | All 50 states |
| Fee | $50 per class | $350 per class |
| Term | 5 years, renewable | 10 years, renewable |
| The (R) symbol | No | Yes |
A federal registration goes through the USPTO Trademark Center (which replaced the older TEAS platform). On current USPTO data, expect roughly 4.5 months to a first action and about 10 months to registration for a clean application, longer with a refusal, an Office Action, a suspension, or an opposition. Secure Mark USA prepares and files it for you from $99 plus the USPTO fee. Start with a free trademark search or read the complete U.S. registration guide.
Source: USPTO Trademarks Dashboard; USPTO, How much does it cost.
Run a free search. If the name is clear, we file your federal application from $99 plus USPTO fees.
Start my free searchFederal. A Massachusetts only registration would not reach the out of state customers and competitors who make up most of your market.
Massachusetts uses a five year term, shorter than the federal ten. You renew at $50 per class to keep it in force.
No. Entity formation is separate from trademark rights and will not stop a competitor from using your brand name.
No. They are separate systems with separate records.
Only after the USPTO registers your mark federally, roughly ten months for a straightforward application, sometimes longer.
USPTO: Trademark Basics, How much does it cost, Trademarks Dashboard.
Massachusetts: Secretary of the Commonwealth, About Trademarks.
Secure Mark USA: Free trademark search, Complete U.S. registration guide.