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:
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.
How Much Does a Trademark Attorney Cost?
Trademark registration services from Lawyer For Business start at $1,850.
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.
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Step 1: Comprehensive Trademark Search
Every trademark has to be unique. The first step of the trademark registration process is ensuring that your proposed trademark doesn’t conflict with any other trademark that is already registered. To ensure this, we search the USPTO database to make sure there are no obvious conflicts between your proposed trademark and another registered trademark.
Once we have eliminated all obvious conflicts, we do a comprehensive search for any potential conflicts. This requires us to search the trademark database of every single state, looking for similar company names, logos, or domain names. If we find any potential conflict, no matter how small, we share that information during the second step of the process.
Step 2: Trademark Attorney Consultation
The second step of trademark registration is a meeting with your trademark attorney. During this meeting, we will advise you of every possible conflict that we discovered during the search and what options you have to deal with those conflicts. We will also recommend alternate trademarks that might serve your goals without any potential for conflicts with other businesses.
Step 3: Filing Order and Application for USPTO Registration
Once you instruct us to proceed with your trademark registration, we will complete the final step of this process. We will prepare a filing order and send it to you for final approval. After you have approved it, we will file an application with the appropriate trademark office. Once the application is filed, you will continue to receive updates from our office until your application has been approved.
Are more likely to get your trademark approved
Have a trademark attorney available to you whenever you need one
Receive updates throughout the process
Never miss a deadline for the application or renewal process
Save money on attorney services due to our flat fee
Can protect your trademark from being infringed upon
Our NY LLC Formation
Packages
- Gold Legal Plan$1,500/month*
- Recurring 1-hour monthly meeting to perform legal audit, discuss concerns, create plan
- Up-front, flat-fee pricing for legal entity formation and trademark filing
- Review of up to 2 commercial documents
- Priority turnarounds, typically 1-3 days
- Diamond Legal Plan$4,000/month*
- Recurring 1-hour monthly meeting to perform legal audit, discuss concerns, create plan
- Up-front, flat-fee pricing for legal entity formation and trademark filing
- Review of up to 2 commercial documents
- Priority turnarounds, typically 1-3 days
- Review of up to 5 contracts or commercial leases
- Bi-weekly 30-minute client conference to discuss legal concerns and create plan
- On-Demand General Counsel$7,500/month*
- Recurring 1-hour monthly meeting to perform legal audit, discuss concerns, create plan
- Up-front, flat-fee pricing for legal entity formation and trademark filing
- Review of up to 2 commercial documents
- Priority turnarounds, typically 1-3 days
- Review of up to 5 contracts or commercial leases
- Bi-weekly 30-minute client conference to discuss legal concerns and create plan
- Review and revise up to 10 contracts or commercial leases
- Weekly 30-minute client conference to discuss legal concerns and create plan
- Unlimited emails with a New York State licensed attorney
- Dedicated phone line for priority calling
*12-month annual commitment required for pricing shown. Month-to-month pricing available at additional charge of 20%. Cancel at any time. 30 days’ notice required to cancel month-to-month plans.
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Trust Trademark Filing to an Experienced Attorney
Your trademarks define your business. Clients and customers recognize your business and your products when they see your trademark in use. Protecting your trademark from infringement is critical. An experienced trademark attorney from Lawyer For Business will ensure that the trademarks for your New York state business are filed quickly and successfully. When you need a licensed trademark attorney, contact us immediately.
FAQs
What are the benefits of registering a trademark in New York State?
When you have no trademark registration, you have common law trademark rights. These rights are limited to the location where you do business.
A New York trademark registration expands your geographic scope of rights to cover the entire state, even if you do not yet conduct statewide business.
New York statutes also entitle registrants to certain rights, including:
- Exclusivity to use your mark in connection with your goods and services within the state;
- Protection from users of a confusingly similar mark through a trademark infringement action;
- Deterrence of others from adopting similar marks since trademark registrations get published.
Registration can also bring commercial benefits like brand recognition and business expansion.
What types of trademarks can be registered in New York State?
New York allows the registration of any identifier, including:
- Word marks consisting of words, letters, and numbers;
- Design marks for graphic designs and logos;
- Combination marks for words and designs;
- Taglines and slogans;
- Sound marks for jingles or other distinctive sounds;
- Trade dress for brick-and-mortar store decor and product packaging, color, or shape;
- Collective marks for membership-based organizations, such as Girl Scouts or A.A.
Generally, you do not need to classify your marks in an application. But you will need to provide a specimen of the mark.
Can I amend or update my trademark registration in New York State?
While the application is pending, the New York Department of State may allow changes to the application. Once a registration certificate has been issued, you can only correct errors made by the Department and assign ownership of the mark.
You can also make ministerial changes, like updating your address. If you change the mark or add or remove goods or services, you will probably need to file another application to cover the new mark or revised goods and services list.
What happens after my trademark is registered in New York State? How do I enforce and protect my rights?
The enforcement of trademark rights is not automatic.
With the help of your trademark attorney, you are responsible for:
- Identifying a potentially infringing party and analyzing their trademark uses;
- Sending demand letters to put the potential infringer on notice of your rights and request that they cease and desist;
- Analyzing an infringer's response to assess the risks and rewards of pursuing legal action;
- Gathering evidence of potential and actual confusion in the marketplace due to the allegedly infringing use;
- Filing a lawsuit for trademark infringement and unfair competition;
- Litigating your infringement case against the potential infringer.
The protectability of your marks depends on their distinctiveness and how you use them. A trademark attorney can advise you on the best way to use your marks.
What is the difference between a trademark, copyright, and patent?
Trademarks protect marks or names that uniquely identify your business. This mark can be a logo, company name, slogan, or product/service name. Copyright, conversely, protects the written work of an author, whether it be a book or other type of media (like music or movies). Finally, patents protect inventions from being used by others without permission.
Do I need to trademark my business name?
You are not legally required to trademark your business name, but you probably should. The moment you start using your business name for commercial purposes, you automatically increase your exposure for unwanted infringement. By registering the business name as a trademark, you gain additional protections that are important if someone tries to infringe on your trademark.
Do I need to register my business name and logo separately?
Yes. Every individual mark is a separate trademark. Your business name must be registered separately from your logo, which also must be registered separately from your slogan. If you use multiple logos or slogans, each one also has to be registered separately. Although the cost of filing for a federal trademark can add up, keep in mind that legal fees and filing fees can be deducted from business taxes owed as qualified business expenses, and the cost to proactively protect your brand can far outweigh the cost of a legal battle to enforce your rights later on.
How much does it cost to trademark a name in NY?
The filing fee for each trademark application in New York State costs $50. You can mail multiple applications at once and combine the fee into a single cost. But any check over $500 must be certified. Alternatively, you can pay by cashier’s checks or with money orders.
How much does it cost to trademark a name in the US?
The filing fee for each federal trademark application in the United States costs $250-350. You can submit your application electronically using a credit card.
How long does the trademark registration process in New York State typically take?
Assuming there are no mistakes with your application and no need for additional information, the approval process will often take at least eight months and may take over a year. This is why it is so important to hire a Lawyer For Business to assist you. We prevent you from making mistakes or leaving out critical information.
Do I need an attorney to register my trademark in New York state?
No, but you probably should hire an attorney. Because the trademark application process takes so long, mistakes can cost you years. Many people who don’t hire attorneys will often spend more on fees and other costs than they would by hiring an attorney in the first place.