While a federal registration with the United States Patent and Trademark Office is the gold standard for trademarks, state trademark registration can be a relatively inexpensive and valuable option for securing local brand protection. In Idaho, the registration process is relatively simple. Specifically, to register a trademark with the Idaho Secretary of State, applicants must confirm that they are actively using their mark in commerce and provide specific details with their application, including their name and address, a description of the goods or services associated with the mark and an example of how the mark is used. The application fee is currently only $30 per Class of goods or services.
Idaho trademark registration offers mark owners several benefits. For instance, registrants may bring trademark infringement actions under Idaho law when another’s use of the mark is likely to cause confusion among consumers. The law also protects famous trademarks from losing their distinctive quality, and it protects brand owners from counterfeit uses of their marks. Under the Idaho Consumer Protection Act, unauthorized use of trademarks may also be considered a deceptive trade practice. As an additional benefit, registered trademarks are also made public through Idaho’s trademark registration database, offering a measure of deterrence against unauthorized use by putting potential infringers on notice.
Despite these benefits, however, there are drawbacks to only owning an Idaho trademark registration. Notably, marks registered in Idaho are not reviewed for validity or for likelihood of confusion with other state or federal trademarks. In addition, a state registration does not come with a presumption of validity or ownership, and it also does not constitute nationwide constructive use of a mark, like a federal registration would. Nonetheless, if a federal registration is not yet within the budget, a state registration is recommended until a federal registration can be obtained.
The intellectual property professionals at Parsons Behle & Latimer would be happy to guide you through the state or federal registration process and answer any questions you may have.
