Get Your Trademark Registered Online with a 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 Buffalo 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.
Trademark Services for Businesses in New York State
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 Offices (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 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 will cost approximately $300 to file 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.
What Is the Cost of Trademark Registration Services?
Trademark registration services from Lawyer for Business cost $1750.
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.
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 licensedtrademark attorney, contact us immediately.
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 & 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
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FAQ
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 gain a trademark for it under common law. However, 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. This is why the cost of filing for a federal trademark can get prohibitive.
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 long does it take for my trademark to be registered?
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.