Trademarks are a cornerstone of business success, protecting brands, building consumer trust, and fostering business growth. In Tennessee, trademark law provides a robust system of registration and enforcement, ensuring businesses can safeguard their valuable intellectual property. Twisdale Law, PC is here to guide you through every step of the process.

Registering a trademark in Tennessee offers significant advantages for businesses:

• Public Notice: State registration puts others on notice of your ownership.
• Enforceable Rights: Registration provides a legal presumption of ownership and the right to take action against infringers.
• Simplified Proof: A certificate of registration serves as prima facie evidence in court.
• Cheaper than a Federal Mark: A trademark registration in Tennessee is substantially cheaper than a trademark registration with the U.S. Patent and Trademark Office.

Tennessee’s trademark laws, codified in T.C.A. §§ 47-25-501 through 47-25-518, align closely with federal trademark standards, providing a strong framework for local protection. Courts may reference federal law as persuasive authority in interpreting state trademark issues. T.C.A. § 47-25-518​.

Key terms include:

• Trademark: Any word, name, symbol, or device used to identify and distinguish goods from others​.
• Service Mark: Used to distinguish services rather than goods​.
• Use: Marks must be used in commerce and not merely reserved for future use​.

Not all marks qualify for registration. Tennessee law prohibits the registration of marks that:

1. Are immoral, deceptive, or scandalous.
2. Disparage individuals, institutions, or beliefs.
3. Contain flags, insignias, or coats of arms.
4. Are primarily descriptive, geographically descriptive, or surnames unless proven distinctive.
5. Are confusingly similar to existing registered marks or marks in use​.

The registration process requires careful attention to detail, including:

1. Application Requirements: Applicants must provide:
   • Detailed information about the owner.
   • Description and classification of goods/services.
   • Dates of first use in commerce and in Tennessee​.
2. Specimens and Drawings: Submit examples of how the mark is used in commerce​.
3. Fees: $20 per class of goods or services, payable to the Secretary of State​.

Applications are reviewed by the Secretary of State, who may request amendments or disclaimers. Twisdale Law, PC ensures your application is thorough and complies with all requirements to avoid delays or denials​.

Trademarks in Tennessee are valid for five years and can be renewed for successive five-year periods. Renewal requires a verified statement of continued use and a current specimen showing the mark in use. T.C.A. § 47-25-506​.

Tennessee classifies goods and services for administrative convenience, similar to the USPTO system. Multi-class applications incur fees for each class listed​. Additionally, marks can be assigned or transferred, but such changes must be recorded with the Secretary of State to protect your rights​.

Trademark enforcement is critical to maintaining your brand’s value. Tennessee law provides remedies for:

• Infringement: Seek injunctions, damages, and potentially treble damages for willful violations. T.C.A. § 47-25-512​.
• Dilution: Protect famous marks from unauthorized uses that dilute their distinctiveness. T.C.A. § 47-25-513​.
• Fraudulent Registration: File claims against parties who submit false information during the registration process​.

Specimens must show actual use of the mark in commerce. Examples include:

• For Goods: Product packaging, tags, or labels.
• For Services: Advertisements, business cards, or signage​​.

Trademark law is complex, but Twisdale Law, PC simplifies the process for businesses across Tennessee and surrounding regions. With years of experience in intellectual property law, our firm offers:

• Personalized advice tailored to your business needs.
• Comprehensive services, including registration, renewal, monitoring, and enforcement.
• Proven expertise in protecting trademarks from infringement and dilution.

With an office located in Jonesborough, Tennessee, Twisdale Law, PC serves businesses across the Southeast, including Tennessee, North Carolina, and South Carolina. Whether you are a startup securing your first trademark or an established business defending your brand, Twisdale Law, PC is your trusted partner.

Don’t leave your brand unprotected. Trademarks are valuable assets that require proactive management and enforcement. Contact Twisdale Law, PC today to schedule a consultation and learn how we can help secure and defend your trademarks.