For inventors and entrepreneurs in 2025, protecting an innovative product doesn’t stop at obtaining a patent. While patents secure the functionality or design of an invention, trademarks play a critical role in safeguarding the identity under which the invention is marketed and sold. But one major question often arises after securing patent rights: Should you register your trademark with your state or with the United States Patent and Trademark Office (USPTO)? This dilemma is common for patent holders aiming to trademark their business name, trademark a company name, or register a product’s brand identity. While both state and federal filings offer trademark protection, the scope, cost, and enforcement capabilities vary significantly. Understanding these differences is essential to make the right strategic decision and ensure long-term brand security for your invention.
Once a product is patented, the next step is to consider how it will be presented in the market. A trademark protects the words, names, symbols, designs, or logos that identify and distinguish your goods or services from others. Whether you're trying to trademark a name, a product label, or a business slogan, this form of intellectual property creates brand recognition and legal ownership of your commercial identity. For example, if you invented a new type of smart kitchen device and gave it a unique name, registering a trademark for that brand name ensures no one else can legally use that name to sell similar products. Likewise, if you’ve developed a compelling logo or visual identity for your invention, logo registration adds an extra layer of protection and recognition in the marketplace. Many inventors make the mistake of believing that a patent alone is sufficient protection. While it secures the technical elements, it does not prevent others from marketing knock-offs under a confusingly similar name or design. That’s why, once your invention is ready for launch, it’s imperative to trademark your brand name and get a trademark for your product's identity.
A state trademark registration is filed through your individual state’s trademark office, typically a division of the Secretary of State. State filings are often faster, less expensive, and require fewer procedural steps compared to federal registrations. If you're planning to operate locally and don’t expect to scale or sell across state lines in the immediate future, a state trademark may provide adequate protection—at least temporarily. When you trademark your business name at the state level, the registration offers you the exclusive right to use the mark within that specific state. It may also provide local recognition and deterrence to others within your region. Additionally, state filings are generally easier to maintain and renew. However, the limitations of this route are significant. A state registration:
So while it may seem appealing to trademark your brand name at the state level for simplicity, doing so limits your growth and leaves you vulnerable to national or global infringement issues, especially in an era when e-commerce and digital marketing reach far beyond your local area.
Filing with the USPTO is the gold standard for product branding and long-term growth. A USPTO trademark registration provides nationwide legal protection, public recognition of ownership, and a stronger legal footing in the event of infringement or disputes. If your goal is to trademark your company name, register a logo, or apply for trademark protection across multiple states or internationally, a federal trademark is the clear choice.
A few advantages of filing through the USPTO include:
Additionally, when you trademark your business name or get a trademark for your product through the USPTO, you gain access to a wider range of enforcement tools. You’ll be better equipped to take down infringing listings online and defend your brand in court if necessary. That said, the USPTO process is more rigorous. You must prepare your application with care, conduct a proper trademark search, and wait through an examination and opposition period before approval. The upfront cost and effort are higher, but the long-term benefits are significantly greater.
Let’s examine a few common scenarios where this trademark filing dilemma arises for product inventors:
You’ve patented a new gardening tool and plan to sell it only through farmers’ markets and local hardware stores in your state. Your budget is tight, and you want minimal setup costs.
You may start with a state trademark filing to establish local rights. However, if your product gains traction, upgrading to a federal trademark is advisable.
You’ve launched an innovative pet product and plan to sell it via Amazon, Etsy, and your own website. You’re branding it under a distinct name and have already patented the design.
Apply for trademark protection through the USPTO. State filing won’t protect your rights outside your local jurisdiction or help enforce your brand online.
You’ve created a unique electronic device and plan to license the invention to major tech companies under your brand name. Recommended Action: A federal trademark is essential. You must trademark your brand name and apply for trademark protection that holds weight in legal contracts and licensing agreements. In all these scenarios, the question isn’t just whether you can trademark your business name—it’s whether the level of protection aligns with your long-term goals and how the brand will grow.
If you already hold a patent or are in the process of applying for one, it’s smart to think of your intellectual property as a comprehensive portfolio. While patents protect innovation, trademarks protect reputation, customer loyalty, and market presence. They work hand in hand.
Here are a few strategic tips to strengthen your position:
Ultimately, the goal is to build a legally protected brand ecosystem around your patented invention. Trademarks give your product a name, face, and commercial voice—making it more than just a functional innovation, but a recognizable and valuable brand in the eyes of the public.
Choosing between USPTO and state trademark registration may seem like a technical decision, but it holds enormous weight in how your product will be protected, marketed, and enforced. As a patent holder, your intellectual property doesn’t end with your invention—it extends into how people perceive and interact with your brand. If your goal is to build a lasting business, protect your invention from imitators, and expand into wider markets, federal trademark registration is the superior path. Don’t just trademark your name—apply for trademark protection with a long-term vision in mind. With the right planning and professional guidance, you can secure the legal foundation your product deserves. Whether you're looking to trademark your business name, trademark your brand name, or simply get a trademark for a logo or product title, investing in the right form of protection will pay dividends for years to come.