Trademark Registration Lawyers in New York City
New York City Trademark Lawyers
Manhattan, Queens, Brooklyn, Bronx Trademark Registration Services
Trademark registration protects the name, logo, symbol or design that distinguishes the goods and services of a business. The trade mark, or service mark, of a business is how the public identifies particular goods or services with that specific business. Trademarks and service marks are valuable business assets and reflect the good will that the business has established with the public.
To discuss your trademark registration needs, contact our office online or call 888-342-2179.
Why Trademark Registration is Important
Registration of a trade mark or service mark is an important step. It secures the exclusive right to us the trade mark or service mark in commerce. A valid trademark registration with the United States Patent and Trademark Office (PTO) gives the owner important legal rights, the most important of which is the uncontestable right to use the mark nationwide. A valid trademark registration also permits the owner to record the trade mark with U.S. Customs to prevent importation of counterfeit or infringing goods.
Rights of Trademark and Service Mark Owners
The owner of a trademark that has been registered with the PTO has exclusive nationwide protection for their use of the trade mark or service mark, except for any prior uses of by unregistered users. Clearing and registering a trademark is important to protect a business from trademark infringement claims as well.
Trademark rights can also arise from the use of the mark in commerce, known as a “common law” trademark, or through the registration of the trade mark at the state level. Common law trademarks only permit the trademark owner to enforce the rights in an area in which it has established a market for its goods and services. State registered trademarks protect the owner’s rights only in the specific state in which the registration was made.
After a trademark or service mark has been registered with the Patent and Trademark Office and has been in use for five years, the owner must file an affidavit of use. Once the affidavit of use has been filed, the registration is conclusive proof of the ownership and trademarkability of the name, logo or design.
Trademark Registration is Constructive Notice
A trademark registration serves as constructive notice to other potential competitors to prevent infringement. The trademark registration is available through a review of the principal registry of the PTO. The owner of a registered trademark may recover statutory damages and reasonable attorneys fees for violations of their trademark rights.
A trademark owner may recover damages in the case of counterfeiting of up to $200,000 per mark per type of goods that were sold, distributed or offered for sale. For an intentional or willful use of the registered trademark, damages of up to $2,000,000 may be available.