What to Consider When Choosing a Trademark (Part A)

If you own a business in New York, you may be using a logo or design in connection with your goods and/or services. This may be an illustration, a symbol, or a combination of words that you associate with your company's brand. If you do use such a design, or trademark, you may want to legally protect this mark from use by other businesses or entities.

To protect your mark, you can register it with the United States Patent and Trademark Office (USPTO). Once you have registered your trademark with the USPTO, no other business in New York, or elsewhere, may use that mark to represent their goods and/or services. You can file your registration application electronically online, through the Trademark Electronic Application System (TEAS) via the USPTO website.

Items That Can Be Covered by a Trademark

A trademark (or service mark) may fall into one of several categories:

• word mark;
• a design mark;
• initials;
• numbers;
• a slogan; or
• a trade dress (the design of packaging).

Beyond these, a trademark may be a color, a sound, or a scent protected by U.S. trademark law.

Preparing to Register a Trademark

Before you register a trademark for your business in New York, you should consider several things. First of all, you want your mark to convey a message to your customers. Whether this message is subtle or distinct, keep in mind the message that you want to send.

Secondly, your trademark should be unique from other federally registered trademarks. If your mark is confusingly similar to another mark that already exists, your registration may be denied by the USPTO. Therefore, before you file your application, you should conduct a thorough search of trademarks in the USPTO database. You can conduct your search online, or do so with the help of a New York trademark lawyer.

In fact, a New York trademark lawyer can help you throughout the registration process. If more information is requested by the USPTO, or if your trademark is denied, you may have to take more steps to complete your trademark registration. A New York trademark lawyer may help you with these issues.

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