Many businesses don’t know that in addition to registering your trademark with the United States Patent and Trademark Office, you can register your mark locally with the State of Massachusetts. Registering your mark on the state level has some benefits.
First, the costs associated with registering a mark with the state are only $50 per class for a five-year registration. The comparable fees for a federal application are between $275 and $375 per class. However, the state registration comes with more limited area of protection than its federal counterpart.
Second, a benefit of state registration is that the Massachusetts trademark infringement statute allows for courts to triple damages awards in cases where the defendant, “committed wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.” That language is very plaintiff friendly.