When registering to obtain a Trade Mark (TM), the process can be a tedious one. It is very important to make sure that all of the steps in the registration process are followed in order to ensure that the TM status is legally upheld. With legal counsel, the necessary steps to successfully register a TM can be more easily navigated, while understanding the local regulations of the state the business is located in is also of the utmost importance. In this article, we will provide comprehensive information on how to get started on trade mark registration for businesses based in New York.

Conduct a Thorough Search

The very first step for businesses based in New York who are looking to register a TM is to conduct a thorough search of the pre-existing TMs listed with the USPTO US Patent and Trademark Office. This is to ensure that the proposed TM is not identical or remotely similar to any existing TMs and therefore avoids any potential disputes afterwards. It is also important to do a check on the local and state laws in New York, as there may be additional requirements in order to gain TM status.

Seek Legal Counsel

After conducting a thorough search of all the existing TMs listed with the USPTO US Patent and Trademark Office and doing a check on the local and state laws in New York, the next part of the registration process is to hire legal counsel. It is highly important to engage an experienced lawyer who understands the comprehensive and complex TM regulations and laws. With the help of legal counsel, businesses can gather all the necessary information needed to complete the TM registration process, such as a Statement of Use and file a TM application.

File a TM Application

When the Statement of Use has been established, it’s time to file the TM application online with the USPTO US Patent and Trademark Office. It is important to be precise, accurate, and honest with information provided in the TM application. Legal counsel can provide help and advice when filing the application - from understanding how the classes are administered to reviewing the statement of use with appropriate legal terminology.

Monitor the TM Application Progress

Once the application has been filed with the USPTO US Patent and Trademark Office, it is important to monitor the status of the application, as this will determine when the TM is officially registered. Keeping a close eye on the status will help ensure that businesses can quickly respond to any additional questions or clarifications the USPTO US Patent and Trademark Office may have.

Maintaining the Trade Mark

When the TM has been officially granted successful registration, businesses must keep up to date with the maintenance of the TM. They must ensure that they are using the TM as per the regulations set by the USPTO US Patent and Trademark Office and not deviating in any way. The TM must be also defended in court when necessary, such as in cases where it is being unfairly used without the permission from the TM owner.

Conclusion

Completing the steps to formally register a TM can be a difficult process, as it involves a great deal of research and staying up to date on the local regulations. It is highly important to hire experienced legal counsel to gain the necessary information and handle all the paperwork associated with the TM registration process. By understanding and following the steps needed to register for a TM, businesses based in New York can successfully obtain the TM protection and maintain it continuously.

Topics:

Trade Mark Registration,

TM,

Legal Counsel