Frequently Asked Questions Regarding Trade Mark Registration in New York
It is easy to put off trade mark registration until it is needed, but this can lead to costly mistakes2 min read
It is easy to put off trade mark registration until it is needed, but this can lead to costly mistakes. Understanding the laws and regulations surrounding trade mark registration in the United States can help ensure that a business is better protected, and also allows them to know when they need to request help from a lawyer.
For businesses located in New York, there are several frequently asked questions concerning trade mark registration. Understanding these questions and how they can be answered can go a long way in helping businesses stay legal and protected.
What Is Considered a Trade Mark?
A trade mark is a symbol used to identify goods or services provided by a business and distinguishes them from other businesses. This symbol can take the form of a logo, a slogan, a label, a name, a signature, a shape, a color, or even a sound. In the United States, trade mark registration can provide a business with protection from similar marks being used by other businesses.
What Is the Difference Between a Trade Mark and a Service Mark?
When it comes to trade mark registration, the terms trade mark and service mark are often used interchangeably, but in reality, they each refer to different types of marks. A trade mark is a mark used to identify a product, such as a logo or a label. A service mark is a mark used to identify a service, such as a name or slogan. Therefore, a business can have both a trade mark and a service mark, depending on what type of goods or services they provide.
What Is the Process for Trade Mark Registration?
The process for trade mark registration in the United States is regulated by the USPTO (United States Patent and Trademark Office). All applicants must submit a request for trade mark registration, as well as the necessary application and application fee, to the USPTO. Once the application is received, a USPTO attorney will review the application and determine whether the trade mark should be registered. If the trade mark is approved, the USPTO will issue a certificate of registration.
What Does a Trade Mark Registration Protect?
A trade mark registration in the United States provides a business with protection from similar marks being used by other businesses. This protects the business from both imitation and confusion by consumers. A trade mark registration also grants the business the ability to sue for trademark infringement if another business is using a similar mark.
Do I Need a Lawyer for Trade Mark Registration in New York?
For businesses looking to protect their trade mark in New York, it is often a wise decision to seek legal counsel. An experienced New York business lawyer can provide the necessary knowledge to the business when it comes to understanding the laws and regulations surrounding trade mark registration in the United States. The lawyer can also provide the business with the resources they need to ensure their trade mark registration is completed correctly and legally.