Trademark Registration (Part A)

If you are a franchisor in New York, and your goods or services are represented by an original phrase or image, it would be wise to register your trademark with the United Stated Patent and Trademark Office (USPTO). By registering a trademark with the USPTO, you can protect your rights to that mark and prevent anyone else from using a confusingly similar mark.

Trademark registration can be done electronically via the USPTO website, through a system known as the Trademark Electronic Application System (TEAS). Before registering a trademark, you should always conduct a thorough search of the trademarks that have already been registered. If your trademark registration conflicts with a trademark that is already in existence, your trademark registration may be denied.

To conduct a thorough search of federally registered trademarks, you can seek the help of a New York trademark lawyer.

Potential Issues with Trademark Registration

When registering a trademark, there are various issues that may result in an action by the USPTO. This is why when you register a trademark, it is best to get the help of an experienced New York trademark lawyer. A New York trademark lawyer can guide you through the trademark registration process and if an issue does arise, your lawyer can help you resolve your trademark registration issues with the USPTO.

According to the USPTO, a trademark registration could raise a red flag if:

• the proposed trademark contains immoral, deceptive or scandalous matter;
• the proposed mark disparages or falsely suggests a connection with persons (living or dead), institutions, beliefs or national symbols, or brings them into contempt or disrepute;
• the proposed mark contains the flag, coat of arms or other insignia of the United States, or of any state, municipality or foreign nation;
• the proposed mark contains a name, portrait or signature that identifies a particular living individual, except by that individual's written consent;
• the proposed mark so resembles a mark already registered by a Patent and Trademark Office (PTO) that use of the mark on the applicant's goods or services are likely to cause confusion, mistake or deception; and
• the proposed mark is merely a surname.

With the help of a New York trademark lawyer, you may be able to resolve such issues with the USPTO.

Continue to Next Page >>

Practice Areas