The Internicola Law Firm, P.C.

How to Find out if a Trademark is Available

Before you register a trademark in New York, you must determine whether that mark is available. If your trademark in New York is confusingly similar to a mark that already exists, your trademark registration may be denied. Furthermore, if you use your mark for business, and it conflicts with one that exists, you may face an infringement lawsuit.

Before you register a trademark in New York, search the United States Patent and Trademark Office (USPTO) website. To conduct a more thorough search, you can get the professional help of a New York trademark lawyer.

Once you register a trademark in New York, it will be federally protected under trademark law. No one else can use your mark in connection with goods or services. If someone does use your mark, you can order them to cease and desist from infringement. If they refuse, you can take legal action with an infringement lawsuit.

In a trademark infringement lawsuit, you can obtain an injunction against further infringement. You may also recover your attorney's fees and compensation for damages suffered.

To find out whether your trademark is available, and the steps you can take to protect a registered mark, get the professional help of a New York trademark lawyer. A New York trademark lawyer will also help you determine the strength of your trademark in order to build a nationally recognizable brand. 

Contacting a New York Trademark Lawyer

If you are an entrepreneur interested in franchising your business, there is much you need to know, including the importance of evaluating your trademark and how to prepare your FDD. For a limited time, get New York trademark lawyer Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 800-976-4904 for more information about Mr. Internicola's franchise law services in New York, and how he assists entrepreneurs to franchise their business nationwide.