These days, entrepreneurs have more reasons than ever to invest in protecting their brand through trademarking. As a business grows, potential legal complications caused by misuse of or infringement on your intellectual property could mean disaster.

In New York, the US Patent and Trademark Office (USPTO) handles all trademark applications and registration. As you consider protecting your business’ name, here are frequent questions New Yorkers have when it comes to trademarking your brand name.

What Is a Trademark?

A trademark is a unique identifier for your business, product, or service. It is any name, symbol, design, logo, or phrase associated with a particular product or service that sets it apart from competition. Trademarks represent a company’s legal identity and protect brands from infringement.

Why Registering a Trademark Is Important

The ability to trademark a brand sets it apart from those of competitors. It requires a legal process that prevents anyone else from using the same, or substantially similar, mark. It also implies that the mark is legally protected — an extra layer of security for your business.

It also implies superior quality based on the legal protection. As soon as you register the trademark, any other competitors using a similar mark can be ordered to stop or face lawsuits.

What Can Be Trademarked in New York?

Any product, service, or design can be trademarked as long as it meets the requirements for trademark protection in the USPTO. In New York, many different kinds of products or services can be trademarked, from the name of a business to the symbols and slogans used in marketing it.

How to Trademark a Name in New York?

Trademarking a name in New York requires filing an application with the USPTO in Washington, DC. The process begins with a trademark search to make sure the name is not already registered. If not, the business needs to file an application and a specimen of the mark to be protected.

Once the application is submitted, the USPTO reviews it, deciding whether to grant or deny the trademark. Most applications are granted within four to six months. If the application is denied, the business can challenge it in court or re-apply.

Can Non-New Yorkers Trademark a Business in New York?

Yes. To trademark a business outside of New York, the business must first register as a foreign entity in the state of New York. They may then file an application with the USPTO that includes a certification from the New York Secretary of State.

Who Can I Hire to Help Register a Trademark in New York If I Don’t Live There?

If you don’t live in New York, you can consult with a local professional that specializes in intellectual property law. UpCounsel is a great option to find experienced lawyers localized in New York that specialize in trademarking. They have an extensive network of experienced lawyers ready to provide quality services at an affordable price.



Intellectual Property,

New York