What is our law firm’s philosophy?
Our law firm’s focus is patent, trademark, copyright, and advertising/e-commerce/privacy and general business law. This means that we believe in the ability of a business to protect its intellectual property – its patents, trademarks, copyrights and trade dress – and then use it to make money. There are many trademarks – both registered and common-law (unregistered). There are many competitors. A business’ risk in using a trademark is only known when the data the business can find is known. Competitors (and, often, businesses in different industries) are more aggressive than ever in trying to claim their virtual land, so that any new entrants need to gather data to learn the proper risk in using and applying for a trademark.
Step One: Search for Trademarks
Your brand name, your logo, and other symbols of your business are what you want to protect. Your brand name, i.e. your trademark, is central to you and your business. It represents your business in the marketplace. It represents the quality that your business and its products stand for. That brand name or logo or symbol might be in use by another business. Finding that out is the first and most essential step in the trademark registration process: it is necessary to search for marks that may be the same or confusingly similar. Searching for similar trademarks (on federal, state, and common-law basis) is necessary before making any decision to apply for trademark registration on a federal or state basis. Once a search is performed on your behalf, we analyze the results and prepare a written opinion for you to consider before taking next steps. The purpose of that opinion is to identify risks of your business’ use of the trademark in commerce and its application to register that mark. Once you have made the decision to proceed with use and registration of a trademark, filing the application is the next step in the process.
See our video blog on the importance of a trademark search:
Step Two: File the Trademark Application
After a business has done its due diligence and searched the marketplace for the same or similar trademarks, a business can apply for trademark registration. The United States Patent and Trademark Office employs attorneys to review all trademark registration applications. These attorneys apply a set of procedures to all applications. Some applications are rejected by the examining attorneys for a variety of reasons, often triggered because businesses have filed an application without assistance of counsel. We can often help address the problems in many of those situations. Once the application for registration is approved, published without opposition, and an affidavit of using the trademark in commerce is properly filed, the USPTO will issue a registration for that trademark.
Step Three: Monitor and Protect the Trademark
What does it mean to protect a trademark? Trademarks are not nouns or verbs, they are adjectives. There are certain rules of usage of a trademark that have an impact on whether or not that trademark will be protected. It is possible that others will try to register a mark that is similar to your mark. As the owner of a registered mark, there is only a certain period of time to object to another’s similar application. Additionally, it is incumbent of the owner of a registered mark to monitor the marketplace; otherwise, marks that might be objectionable to the owner might be approved by the USPTO. For example, once a mark is published for opposition, the owner of another trademark has only 90 days to after publication within which to object to the application of another person. The important step is to search regularly for new trademark applications that can possibly interfere with a business’ registered trademarks. Our firm can assist in advising in how to monitor and protect your business’ trademarks and can offer options for action.
Trademark Litigation: What is the Trademark Trial and Appeal Board?
The Trademark Trial and Appeal Board (TTAB) is a federal administrative court that hears many trademark disputes. A Trademark Opposition is a proceeding in which the plaintiff is trying to protect its mark by stating its objection to a defendant that is trying to register a trademark. A Trademark Cancellation is a proceeding in which the plaintiff is trying to cancel the registration of a trademark.
A plaintiff must have a “real interest” in the proceeding; and a “reasonable basis” for believing that it would suffer damage if the mark is registered. Our trademark lawyer New York can help you register trademarks, monitor trademarks, and enforce those trademarks in litigation.
There is much regulation in the advertising world. Yes, a business must use its intellectual property in order to make money. But there are state and federal laws that regulate what an advertisement may claim and how promotions are run.
A patent is a right, granted by the United States to an inventor, to exclude others from making, using, selling, or importing an invention throughout the United States without the inventor’s consent.
The inventor may license or sell the rights defined by the claims of the patent. An inventor can also use “patent pending” on their products and marketing materials after a patent application is filed. There are currently over 7 million United States patents issued to inventors. Without a patent, anyone can make and sell your invention without your permission and without compensating you.
Learning how to patent an idea can be the difference between success and failure for a business. Our New York-based law firm can help your business review its intellectual property, register its intellectual property, monitor and enforce its intellectual property, and then use its intellectual property in advertising in order to make money.
Why New York City?
We have two offices outside New York City – one in Rye, New York and one in Ridgewood, New Jersey. This is because New York City is the heart of business. Small businesses, start-ups, tech companies, large corporations, advertising agencies are all in New York City.
Our firm represents a wide array of businesses: small and large, domestic and international. Our firm works effectively with business owners, senior executives, creative people, middle managers, and corporate counsel. Our firm offers practical legal advice, the benefits of experience and strategic focus, and innovative approaches to the needs of modern business.
Our team of attorneys has over 40 years experience in advising businesses on how to protect intellectual property, raise its value and do business.
Our firm has had trademark infringement lawsuits in both courthouses of the Southern District of New York in New York City and White Plains.
- Trademark Lawyer New York
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If you have any questions about trademark law New York, please call Verna Law, P.C. at 914-908-6757 or send an e-mail to email@example.com.