What You Need to Know About Registering a Trademark in New York
For many businesses, registering a trademark is an essential step in their growth and success2 min read
For many businesses, registering a trademark is an essential step in their growth and success. It can help protect a business’s intellectual property and enhance its competitive edge. It is especially important for businesses based in New York because, compared to other states, New York has stricter trademark rules and regulations. For those businesses looking to register a trademark in the Empire State, here’s what you need to know.
First, what is a trademark? A trademark is a recognizable symbol, design, or expression that identifies a specific product or service from those of another business. For example, the Nike “swoosh” is a trademark—it represents specific Nike products and services. Trademarks can apply to any visible or audible mark, for example, words, phrases, logos, symbols, or slogans.
The process of registering a trademark in New York entails several steps, and the first step is to select a mark. When choosing a mark, take into consideration its overall appearance, pronunciation, and meaning. Your mark should also be unique and not already be used by multiple businesses in the same industry. It is also important to keep in mind that trademark registration in New York is subject to approval from the federal trademark office, so it is wise to use a mark that is both legally sound and likely to be approved.
Once you have completed these steps, it is time to determine whether or not your proposed mark requires registration. In the state of New York, all marks technically require registration; however, businesses may still use a mark without registering it if they are the first ones to commercially use that mark. In this case, they are assumed to have common law trademark rights.
When considering federal trademark registration, every business should consult an experienced business attorney. A qualified business attorney can go over the important details of the process, as well as provide guidance on things like selecting a trademark that is eligible for registration and preparing the proper paperwork.
Federal trademark registration is usually separated into two parts. The first is filing the ‘Application for Trademark Registration’ with the U.S. Small Business Administration. This is where you will present your trademark and provide additional documents and details that prove you are eligible for registration.
The second part of the process involves filing documents with the United States Patent and Trademark Office (USPTO). This includes submitting formal trademark documents, sending samples of the mark, and paying the filing fee. The USPTO will review and decide whether or not to grant your registration.
Registering and protecting your trademark in New York is an imperative part of developing your business. By following the steps above, you can ensure that your business is protected and legally solidified in the Empire State.
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