Business owners often assume a trademark is a trademark, file it locally or file it with the federal government, and the result is basically the same. In reality, the two systems operate very differently, and the type of protection you choose can affect where you can expand, how strongly you can enforce your rights, and how much leverage your brand has as you grow.
If you’re building anything more than a hyper-local business, the distinction matters.
State Trademarks: Protection Inside State Lines Only
Every state has its own trademark system. Florida’s is governed by the Florida Trademark Act (Fla. Stat. § 495.011 et seq.), and Georgia’s by the Georgia Trademark Act (O.C.G.A. § 10-1-440 et seq.). Both mirror large parts of the federal Lanham Act but operate on a much smaller scale.
A state trademark registration:
- Protects your mark only within the state where it’s registered;
- Requires actual use of the mark in that state before filing;
- Gives you a statewide public record of your claim; and
- Allows you to sue in state court for infringement.
In other words, if you register a trademark in Florida, you get protection in Florida. If someone infringes in Georgia, your Florida registration doesn’t help you. The same is true in reverse, Georgia registrations stop at the Georgia border.
What state trademarks do NOT give you:
- No nationwide rights;
- No constructive priority across the U.S.;
- No access to U.S. Customs protection;
- No ability to stop infringers operating in other states; and
- No basis to demand nationwide takedowns or broad injunctions.
When state trademarks might make sense:
- A local-only business (a neighborhood restaurant, barber shop, or family-owned contractor);
- A business that hasn’t yet begun any interstate commerce;
- A temporary placeholder while preparing for a federal filing; or
- Situations where the federal application is blocked or delayed.
For some businesses, a state registration is the first practical step. But for anything beyond hyper-local commerce, it is rarely sufficient on its own.
Federal Trademarks: Nationwide Rights and Real Leverage
Federal trademarks are governed by the Lanham Act (15 U.S.C. § 1051 et seq.) and administered by the U.S. Patent and Trademark Office (USPTO). A federal registration immediately gives you tools a state registration simply cannot.
A federal trademark registration provides:
- Nationwide Protection. Even if your physical business operates only in Florida or Georgia, federal registration grants constructive nationwide priority, meaning others in any state cannot adopt a confusingly similar mark after your filing date.
- Ability to Use the ® Symbol. This instantly signals that your brand has national legal protection.
- Access to Federal Court. You can sue infringers anywhere they operate, not just in one state.
- U.S. Customs Enforcement. You can block counterfeit imports at the border.
- Greater Remedies. Both Florida and Georgia allow trademark owners to seek injunctive relief, damages, and in some cases attorneys’ fees under their state trademark statutes (Fla. Stat. § 495.131; O.C.G.A. § 10-1-451). These remedies are meaningful for intrastate disputes. However, a federal registration expands the scope and strength of available remedies, especially for businesses operating across state lines or confronting online infringement. Under the Lanham Act (15 U.S.C. § 1117), trademark owners may recover actual damages, the infringer’s profits, enhanced or treble damages for willful infringement, statutory damages for counterfeiting, and attorneys’ fees in “exceptional cases.” State systems do not provide statutory damages for counterfeits, treble damages, or Customs enforcement, tools that become critical as brands scale.
- Incontestability. Trademarks that are federally registered and which are in uncontested, continuous and exclusive use for 5 years after registration, are entitled to become “incontestable.” Incontestability limits the challenges that third parties can bring against a trademark and, in the Eleventh Circuit (Florida, Georgia, and Alabama) provides a presumption that the mark is strong.
- Protection on Online Platforms. Most major platforms (Amazon, Shopify, Instagram, Meta, etc.) give priority to owners of federally-registered marks when processing trademark complaints.
The Real Practical Difference: Expansion
If state trademarks protect where you are, federal trademarks protect where you are and you’re going.
A restaurant in Tallahassee might start with only a Florida registration. That works fine until the owner wants to open in Georgia, sell sauce online, expand into franchising, or start shipping merchandise across state lines. At that point, only a federal registration secures the expansion territory.
A federal registration essentially “freezes the map” and prevents later adopters in any state from claiming priority. To see an example of how this worked in real life for Burger King®, check out my previous blog post, Can Two Restaurants Share the Same Name? | Jimerson Birr.
This is why businesses in hospitality, consumer products, technology, and e-commerce generally skip state registration entirely and file with the USPTO from the beginning.
So Which One Do You Need?
Here is the simple rule of thumb:
- If your business is truly local (rare in the Internet Age) and will stay local, a state registration could be adequate.
- If your business crosses state lines, or might in the future, get a federal registration.
- If you’re in Florida or Georgia and you’re selling online, using social media, or shipping products, federal registration is almost always the right call.
Most growing businesses file federally because the scope and strength of protection justify the cost.
Conclusion
State trademarks protect you within state lines. Federal trademarks protect you across the United States. For Florida and Georgia business owners, the key question is not where you operate today but where you expect your business to grow.
A trademark is not just a registration, it’s a shield for your expansion plans. If your brand has ambitions beyond a single state, you need the protection that can grow with you.
To discuss protecting your trademark rights with a registration, contact Jimerson Birr.