Trademark registration in New York. New York, often called New York City to distinguish it from New York State, or NYC for short is the most populous city in the United States. With over 20 million people in its metropolitan statistical area and approximately 23 million in its combined statistical area, it is one of the world’s most populous megacities. New York City has been described as the cultural, financial, and media capital of the world, significantly influencing commerce, entertainment, research, technology, education, politics, tourism, art, fashion, and sports, and is the most photographed city in the world. Home to the headquarters of the United Nations, New York is an important center for international diplomacy and has sometimes been called the capital of the world. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this city is to learn the procedure of trademark registration in New York.
Trademark search
Before conducting a trademark registration in New York, the applicant should consider performing a trademark search.
A trademark search is optional, but it is an essential step if the applicant wants to increase his or her success rate of trademark registration.
Not only help the applicant reduce risks and save time and effort when registering a trademark, but the results of the trademark search also help the applicant to assess the protectability of the intended trademark and then decide on the plan and strategy to proceed with the next trademark registration.
For trademark registration in New York, the applicant may search through the USPTO database with no charge needed. On the other hand, they can also search through the New York State Library (New York State Library has been a Patent and Trademark Resource Center since 1871. This collection has almost everything the USPTO has published and distributed in paper, microform, or electronic format).
Trademark in New York
Although New York is a part of the United States, the trademark system here is somewhat different.
For instance, A federally registered trademark is entitled to use the ® symbol while a state trademark registration does not confer the right to use the ® symbol, only the ™ symbol.
Not just in New York but every other state in the USA, the trademark system is different. Nonetheless, the applicant can choose to file their trademark to their state’s trademark authority or with the United States Patent & Trademark Office.
Each has its own benefits and disadvantages so the right answer is depended on each applicant.
The procedure of trademark registration in New York
If the applicant decides to file their trademark registration in the office of the secretary of state of New York, they will need to comply with some regulations in order to successfully register their trademark.
First, they need to prepare their trademark application with all the required documents like the applicant’s name and business address, a description of the mark (including any design features), a listing of the goods or services, the international class, and the mode or manner in which the mark is used, and the dates of first use by the applicant or a predecessor in interest, etc.
In addition, the applicant must include a statement that the applicant is the owner of the trademark. The statement must include the information that he/she knows to the best of his/her knowledge that no other person or entity has registered the mark, either federally or in the state, or has the right to use the trademark in the identical form or in a form that when applying the mark to the goods or services would cause confusion, mistake or could deceive consumers.
After that, the state application must be signed and verified by oath, affirmation, or declaration subject to perjury laws by the applicant or the applicant’s representative.
If there is any other requirement requested by the competent authority, the applicant needs to fulfill it in the nearest time and manner.
Notes about trademark registration in New York
As mentioned above, the trademark registration in each state will have its own benefits and drawbacks that the applicant needs to take into consideration before conducting any actions.
One drawback is that the NY State applications are still completed in the old fashion way, on paper. This means that all the procedures and feedbacks, amendments of the application must be done physically, at the New York State Department of State.
This is quite time-consuming and rather difficult if the applicant doesn’t have a permanent residence in New York State, or even in New York City.
A New York State trademark registration has a validity period of 10 years and can be renewed every 10 years like the trademark registered with the USPTO.
You can see a list of New York IP firms here.