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Jane T (LLC)
Jane T (LLC), Lawyer (JD)
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I wish to file a state of ohio trademark for goods i wish to

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I wish to file a state of ohio trademark for goods i wish to sell on a national and international basis on ebay. If I establish "use in commerce" in Ohio can I protect myself from anyone who wants to use my name on a national or, potentially, international basis. Will a Federal trademark supercede my State mark, if I am already using it?
Submitted: 5 years ago.
Category: Legal
Expert:  Jane T (LLC) replied 5 years ago.

Jane T (LLC) :

Hello, The State of Ohio does issue state trademarks but these only protect a name within the borders of Ohio and do NOT provide protection on a national (United States) or international basis. Establishing use in commerce helps establish a right to a trademark but, if an application for a national trademark is filed simply establishing use in OH without having federal trademark protection may not be enough to prevent another from obtaining the mark to use nationally (with the esception of OH in some cases) or internationally as, again, that "use" would only establish the right to use it within OH borders. It is a federal trademark that offers national protection and may offer international protection IF other countries have signed treaties with the U.S. to respect and honor such trademarks. Note, however, that there are many problems with international protection and many nations fail to properly regulate or protect them.

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