How to Determine the Strength of Your Trademark (Part B)

Registering a Trademark in New York

You can register a trademark in New York directly through the USPTO website. The website has a Trademark Electronic Application System (TEAS), which provides all the necessary information and forms. TEAS also has pages with tips for filing and helpful technical information. If you want the registration process to go as seamlessly as possible, a New York trademark attorney can help you register your trademark.

Protecting Your Federally Registered Trademark

Once your trademark in New York has been registered, you can prevent anyone else from using it in connection with goods or services. If someone else does use your trademark, or a mark that is confusingly similar, they may be guilty of trademark infringement. You or your New York trademark attorney can take legal action to stop the infringement.

You can send a letter demanding the offender cease and desist from infringement. Should they refuse, you can file an infringement lawsuit in a formal court of law.

In a trademark infringement lawsuit, you may:

• obtain an injunction against further infringement;
• recover your attorney's fees; and
• recover monetary damages, including profits realized by the infringement on your mark.

To send a cease and desist letter, or to file a trademark infringement lawsuit, you can the get the professional help of a New York trademark attorney.

A New York trademark attorney can help you to determine the strength of your trademark, as well as obtain your federal registration. Once you have obtained the rights to your trademark in New York, your New York trademark attorney will help you protect it against infringement by other businesses.

Contacting a New York Trademark Attorney

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