Does registration with the Ohio Secretary of State protect a trademark?

No. Registering your LLC or Corporation does not give you federal trademark protection. Only a registered trademark can provide national protection against infringement.

The State of Ohio does not verify if your mark will infringe on other trademarks. Instead, the search is limited to registered business names in the state. Thus, you could register a business in the State of Ohio and still be sued for infringement by a Kentucky company with the same name, assuming the Kentucky Company has a federal registration. In short, registering in Ohio is not sufficient protection against trademark infringement.

About the Author

Elliott Stapleton

Elliott is a partner in the firm of Cornetet, Meyer, Rush and Stapleton serving clients throughout Ohio. Elliott's business clients range from small single member companies to large privately-held businesses. CMRS Law provides legal services which include advice on Business Formation and Transactions, Real Estate Transactions, Trademark Law, Copyright Law, Estate Planning, Trust Administration, Probate Administration, and Succession Planning. CMRS Law serves clients at two locations: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246 and 2101 Grandin Road, Suite A, Cincinnati, OH 45208