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Trademark law in Bellevue, Washington, blends federal law with state level considerations. Most rights originate from use in commerce and from federal registration through the United States Patent and Trademark Office (USPTO). A federal registration provides nationwide protection and a presumption of ownership, subject to challenges in federal court or in the Trademark Trial and Appeal Board (TTAB).
In Bellevue, local businesses commonly protect branding by combining strong clearance searches with federal filings. Bellevue is part of the Western District of Washington, where federal trademark disputes are heard, and state level claims can be pursued in King County Superior Court. A typical registration lasts ten years and is renewable every decade, with maintenance filings due at specified intervals.
Trademark rights arise from actual use in commerce or a federal registration under the Lanham Act, which governs most US trademark disputes.Source: USPTO overview of trademarks. USPTO basics
State law provides additional protection for marks used in Washington and can address unfair competition within the state.Source: Washington RCW 19.77. Washington State Legislature - RCW 19.77
Trademark matters in Bellevue often involve concrete, time sensitive decisions that benefit from professional guidance. Below are real-world scenarios where engaging a trademark attorney or legal counsel makes a difference.
In Bellevue, you must navigate federal trademark law and Washington state law, with occasional interplay between the two. The key statutes and principles below provide the framework for most trademark actions in this jurisdiction.
The Lanham Act, codified at 15 U.S.C. § 1051 et seq., governs federal trademark registration, enforcement, and related remedies. It protects brand identifiers and restricts confusing imitation of marks in commerce. Registration with the USPTO creates nationwide rights and a presumption of validity in disputes.
Washington state law provides for state level protection of marks used in the state. The statute is codified as RCW 19.77 and addresses registration, infringement, and unfair competition within Washington. This can supplement federal protection for marks primarily used in-state commerce.
Washington State Legislature - RCW 19.77
Washington's Consumer Protection Act (RCW 19.86) governs deceptive business practices and may be invoked in trademark disputes that involve misrepresentation or unfair competition. This can provide a broader remedy path beyond trademark-specific claims.
Washington State Legislature - RCW 19.86 (Consumer Protection Act)
Most trademark disputes arising in Bellevue are resolved in federal courts within the Western District of Washington or in state courts in King County. Federal cases often involve infringement, likelihood of confusion, and invalidity defenses, while state cases may address unfair competition and local branding issues.
A federal mark is registered with the USPTO and provides nationwide protection. A state mark offers protection within Washington for marks used there. Both can co exist, but federal registration yields broader rights.
Start with a federal search of existing marks in the USPTO database. Then check state and common law uses in Washington. A trademark attorney can perform deeper searches across domains and business names.
As of 2024, TEAS Plus filings start at $250 per class and TEAS Standard at $350 per class. Fees may vary with the number of classes and filing method.
Typical timelines range from eight to twelve months for a first action on the merits, depending on office actions and class complexity. Some applications resolve faster, others take longer.
No, you can begin using a mark before registration. However, registration provides stronger protections and presumptions of ownership if conflicts arise.
Likelihood of confusion assesses whether consumers are likely to confuse your mark with another. Factors include similarity of the marks, goods or services, marketing channels, and customer sophistication.
You can use the TM symbol to indicate a trademark claim in the US before registration. The SM symbol is for service marks. Use the ® symbol only after registration.
DIY is possible for simple, single class applications, but complex clearance searches, office actions, or enforcement matters benefit from a lawyer’s guidance. A local attorney can provide jurisdiction-specific advice.
If your business operates primarily in Washington and you rely on state level protection, consider a state registration. For nationwide protection, a USPTO registration is typically recommended.
Possible remedies include cease-and-desist letters, settlement negotiations, licensing, and injunctive relief plus damages. The appropriate route depends on the infringement scope and evidence.
Respond promptly with legal arguments, amended specimens, or clarified goods and services descriptions. An attorney can help tailor the response to avoid abandonment or rejections.
A federal registration requires maintenance filings at specific intervals, including between the fifth and sixth year and then every ten years. Timely filings protect continued rights.
