New York State Trademark Registration Attorney

Get Your Trademark Registered Online with Lawyer For Business

Trademark registration is much more efficient today than it has been at any previous time in history. Trademarks can be easily discovered by trained professionals through searching online databases, and trademarks can be registered quickly using online services.

This means that Lawyer For Business can help your business register a new trademark, update an old trademark, or renew a trademark in the shortest time possible. This is critical if you want to ensure that your business protects its defining trademark.

If you need any trademark services for your New York state business, Lawyer For Business is a convenient option you need. There is no need to visit our office or even call us. Simply contact us online, and we can assist you quickly.

NYS Trademark Registration Services

At Lawyer For Business, you can get an experienced trademark attorney to help you with several trademark services for businesses in Buffalo and throughout New York State. Our trademark filing services include:

Trademark Searches

A trademark attorney will search through registered trademarks to ensure your trademark doesn’t conflict.

Trademark Application Preparation

Our familiarity with trademark registration allows us to prepare your application quickly and inexpensively.

Office Action Responses

When the United States Patent and Trademark Office (USPTO) requests more information, we provide it immediately.

Trademark Change of Ownership

If you are buying or selling a trademark, we can expedite that process.

Trademark Portfolio Management

We keep accurate records of all of your trademarks and the dates of their registration.

Trademark Renewal Filings

When your trademark is up for renewal, we ensure that the process is completed before it expires.

Our Trademark Registration Process

Here is a glimpse into our comprehensive strategy for trademark registration:

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Should You File a State or Federal Trademark?

You may be curious whether it’s better to file a state or federal trademark. Here are some of the elements you should consider:

When Should You Consider Filing a State Trademark?

The biggest advantage of a state trademark is that it is cheap and quick to file. A New York State trademark only has a $50 filing fee, which is quite cheap compared to the filing fee for a federal trademark. New York State will usually take less time to complete your application process as well.

Technically, you don’t even need to file for a state trademark. Common law trademark rights grant you a trademark the moment you start using a distinctive mark for commercial purposes.

However, by registering the trademark with the state, you gain additional rights, including:

• Extra protections in court if you should have to defend your trademark from another entity trying to use or copy it;
• Notification to others that you own the trademark;
• Your trademark is listed in an easily searchable state database;
• Protections against liability that might arise when others use your trademark.

As a rule of thumb, if you only intend to do business in the state of New York and never plan to move out of the state or expand to other states, a state trademark may be more than enough for your needs. This creates the possibility that a business in another state might use a similar, or even identical, trademark. But that shouldn’t negatively affect your business as long as they only use that trademark in their state.

When Should You Consider Filing a Federal Trademark?

A federal trademark is important if you do business in multiple states or do business internationally. When you get a federal trademark, it applies to every state in the country, even though you don’t have state trademarks for it. Additionally, due to the Madrid Protocol, having a federal trademark allows you to file that trademark in other countries where you do business.

However, you should be aware that a federal trademark has a starting cost of $250-350 to file plus an additional $250-350 fee per “class of goods”, and may take a long time to be approved. The process for approving a federal trademark is simply more expensive and longer than the process for approving a state trademark.

This time and cost are worth it, though, if you want:

• The ability to use your trademark in other states, territories, or countries;
• The right to use the registered trademark symbol;
• Your trademark is to be listed in the USPTO database;
• Greater awards and protections when your trademark is infringed;
• The ability to file trademark infringement lawsuits in federal courts;
• Protections for unauthorized use of your trademark from imports.

Typically, small businesses don’t need a federal trademark. But if your business is large or if your trademark greatly impacts your business, a federal trademark is worth the expense and aggravation.

A trademark attorney from Lawyer For Business will help you determine which type of trademark is best for your business and then will complete the registration process for you.

Trademark Filing Process in New York State

The office of the New York Secretary of State administers the registration process for all trademarks in New York state. The business (or its duly appointed representative) must fill out the current application, which can be found on the New York Department of State website. 

This application requires:

• The name of the applicant;
• The address of the applicant;
• The state your corporation was incorporated in (if applicable);
• The names of all partners (if applicable);
• A written description of all design features of the trademark;
• The goods produced by the company that uses the trademark;
• How the trademark is used by the company;
• The first date that the trademark was used.

This information must then be mailed to the New York State Department of State, along with a $50 check or money order. The New York State Department of State will not accept cash. Additionally, you must include three examples of how the mark is used by your business for commerce within the state of New York.

Once you have submitted your application, you will have to wait for the state to either accept or deny your trademark. When a trademark is denied, it is usually denied for insufficient information or because a similar trademark was previously filed.

Why Choose Lawyer For Business for Trademark Registration?

Lawyer For Business attorneys is experienced with both federal and New York state trademark law. When you choose us, you:

Mistakes with trademark registration can be costly in terms of both time and money. Attorneys from Lawyer For Business will ensure that your trademark is protected the way it should be.