About New York Trademark Lawyers
In today’s internet-based economy, brand recognition is everything. This may be even more true in New York where just about every company is faced with fierce competition. That’s why just about every business needs to protect brand assets, especially trademarks. If you have not yet made an effort to ensure that your name, logo, and other marks of distinction are not being used by another company and that you have exclusive rights to their use, it may help to speak with an experienced New York trademark lawyer. With Priori Legal, you can find a New York trademark lawyer to help you make strategic decisions about your visual assets and protect them accordingly.
Registering Trademarks in New York
A trademark is a vital way to protect your brand recognition in New York. With such a competitive market in the state, especially in Manhattan and the rest of New York City, your business can’t afford not to protect its trademarks. The best way to secure national protection for your trademark is to register it with the U.S. Patent and Trademark Office (USPTO). A New York trademark lawyer can help you check that your mark qualifies and complete all the paperwork on your behalf.
Another option is to register just in the state of New York. This process can be done by filing the appropriate paperwork with the New York Department of State. This process requires some more complex business filings, as well, but your New York trademark attorney can help explain the process. Just keep in mind that you won’t have the right to take action against anyone using a similar trademark not specifically operating within the same state—even if you later wish to expand.
What Is a Trademark?
Basically, a trademark is any visible representation of your brand, such as a name, logo, or color. Trademarks make your product stand out in the market as sourced from your company. In New York, a trademark is defined as “any word, name, symbol, or device or any combination” used to identify and distinguish a unique product or goods of a company from competing products manufactured and sold by others. It can also be used “to indicate the source of the goods, even if that source is unknown.”
Under the Lanham Act, the law under which federal trademark protections were created federally, trademarks are similarly defined. Generally, anything that would qualify as a trademark under Section 360 of the New York General Business Code would qualify for protection under USPTO regulations.
Why Trademark Registration Is Important for New York Businesses
While common law protection is automatically granted to any company names, logos, and other distinctive marks used in commerce in New York, you can’t bring a lawsuit against a competitor who is using your trademark or a confusingly similar trademark unless it is registered either nationally or in New York.
Trademark Infringement Cases in New York
Of course, a trademark doesn’t serve much of a purpose if you can’t stop other people from using a similar mark that confuses your customers. That’s why you can bring a trademark infringement case in New York against any competitor using a substantially similar mark. With the help of a qualified New York IP lawyer, you can build a case against your competitor to stop their use of your mark and recover losses or damages your company suffered due to trademark infringement. In some cases, a New York trademark lawyer will even be able to demonstrate that use of the mark was deliberate or malicious, entitling you to punitive damages and attorney’s fees.
How a New York Trademark Lawyer Can Help at Any Stage in Your Company’s Life
A New York trademark lawyer can help you no matter what stage of development your company has reached. Because any successful company in New York knows that building a brand is just as important as offering a good product, it is logical to protect that brand the best way possible—including using trademarks. Whether you have just incorporated and need to register your logo and business name or you have been operating for years and want to stop a competitor from using packaging too similar to your own, consulting a trademark lawyer in New York is the best way to succeed.