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[warrendekker]

Many, if not most, states have trademark provisions.  What is the value of such trademarks, compared to getting a federal trademark?

An example.  There was a particularly nasty divorce in my town.  A man and wife made "Johnson Chocolates" (not the real name).  After the divorce, they both opened separate chocolate shops in town, and both claimed to be making the REAL "Johnson Chocolates."  Would this be a case where a state trademark would have been helpful....a judge would have decided which spouse got the trademark in the divorce?   Are there other examples?


Warren

[Isaac]

Many, if not most, states have trademark provisions.  What is the value of such trademarks, compared to getting a federal trademark?

Federal registration is only available for trademarks used in interstate commerce.   For some marks, state registration is the only registration available.   Depending on state law, there may be rights available to state registered marks that are not provided for common law marks.

An example.  There was a particularly nasty divorce in my town.  A man and wife made "Johnson Chocolates" (not the real name).  After the divorce, they both opened separate chocolate shops in town, and both claimed to be making the REAL "Johnson Chocolates."  Would this be a case where a state trademark would have been helpful....a judge would have decided which spouse got the trademark in the divorce?   Are there other examples?

I don't even think this example works.   The judge could decide who owns the mark even if the mark were unregistered.