How to Register a Trademark in New York

Introduction

If you want to start selling a new product, service, or brand in New York, it’s best to register your trademark before doing so. This will ensure that no one else can use the same name on their own business. The registration process is fairly straightforward, but there are several steps you need to take to make it happen. Luckily for us all, we’ve put together this handy guide on how exactly you can do just that!

Register the Trademark at the New York State Website

The first step to filing for a trademark is to go to the New York State Department of State website. On the opening page, choose “Trademark & Service Mark Registration” on the left side of the screen. Find “Register a Trademark” and select it. You must fill out an application form, which will require you to provide information about yourself and your company as well as details about what your mark will be used for.

The site provides helpful tips on how best to complete each section of this form so that it can be processed more efficiently when you submit it online. If there are any errors in your filing or if there is not enough information provided by you, then this may cause delays in processing or rejection altogether. Make sure that all fields are completed accurately before submitting them for the review! It’s also important that if you want other companies or people blocked from using any part of your trademarked material or name (e.g., “Bob’s Burgers”), then these should be listed specifically under “Additional Information Regarding Goods/Services.”

Filing Fee

If your application is approved, you will be required to pay a fee for each class. The fee for an application is currently $325 per class and the statement of use is $100 per class. If you are applying for more than one class, you must pay the additional fee for each additional class desired. Fees are non-refundable and may increase in the future.

Fill out an Application Form

Filling out the application form is the first step to getting your trademark registered in New York. You can find an application form on the website of the USPTO. The USPTO is a government agency that regulates trademarks and patents.

Make sure you fill out the form correctly and answer all the questions accurately. The form should be filled in black ink, not a pencil or other colors (unless specified by law).

If you have not yet used the trademark in commerce, you must file a statement of use after filing your application. You can only do this once, so if you miss the deadline, there’s no going back.

You can file a statement of use within six months from when you filed your application or anytime after six months but before the registration expires. Filing a statement of use doesn’t change anything about your application; it just lets the USPTO know that “something” has been done with respect to using the mark in commerce—and as long as that something is connected with goods or services (i.e., selling them), then it will count towards approval [to register].

Submit your Application

The New York State Secretary of State will review your application and send you a response. The response can be either to approve the trademark or to deny it. If your request is denied, you can appeal to the Trademark Trial and Appeal Board. This can be done by filing an answer within six months from the date on which you receive notice of the denial.

Takeaway

The process to register a trademark in New York is fairly straightforward, but it will take some time. You’ll need to provide the right information and fill out the appropriate forms, then send them off for review.

In most cases, you can expect a response from the government office within about eight months of submitting your application. This may seem like a long time, but it’s faster than many other places in the country where trademark applications can take years before getting approved or rejected! If you haven’t heard back from them after six months have passed since you filed your paperwork, feel free to give them a call and ask if they received everything they needed from you—it’s possible that there was an issue with one of your forms or documents that caused their delay in responding!

Conclusion

That’s it! Now you know all the necessary steps to register a trademark in New York. If you need help with this process or would like to discuss trademarks, contact us today.