Hi:
I am both a jeweler and a lawyer.
It is best to apply for a trademark at both the state and federal
level. When someone is looking to apply for a trademark, they must
perform a search to make sure the trademark is unique to them.
Therefore if a search is made only on one level, and another person
is using a trademark similar to yours in Ohio and does a search only
on one level, but not the same one that your trademark is registered
with and the search comes up with nothing, then that person can get
a trademark approval using the same trademark as yourself.
For instance: Say I live in Ohio, I have a trademark that I want to
add to my work, but I plan on only selling my work in Ohio so I only
apply for a trademark in Ohio. What if that same trademark is being
used in Massachusetts, and that Massachusetts company is
distributing world wide, or even just throughout the US. They may
be unbeknownst to me infringing on my mark, or vice versa. They may
have a poor product, and people who see my mark may think it is one
and the same.
I hope this sounds clear.
You can contact me off list if you like.
Patricia Bloom-McDonald, Esq.
508-636-3138