Trademark Applications

Trademark Application Lawyer NYC - Perdomo Law

Trademark Application Lawyer NYC - Fran Perdomo of Perdomo Law

Francelina M. Perdomo Klukosky, Esq.

For A Case Assessment

Law Firm for Federal and State Trademark Applications, Perdomo Law Located in Manhattan New York, NY

Trademark applications take time, money, and an understanding of state and federal rights for these protections. Perdomo Law has extensive knowledge and experience navigating the Federal and Stater trademark application processes.

Understanding your intellectual property rights to use a specific design or motto for your company is vital for meeting federal and state regulations. Not every state trademark can seek federal approval and protection, while not all federal trademarks will trump state applications. How do you know whether you can apply for one of the trademarks? Better yet, is it a good idea to apply for both licenses?

Francelina M. Perdomo Klukosky can answer all of these questions. Her expertise as a trademark application attorney streamlines the process. Not every state will do the background searches the law requires for investigating the application mark or saying. Perdomo understands both processes and can navigate each freely.

Intellectual Property Fran Perdomo Lawyer Quoted in Forbes.com

Intellectual Property Francelina M. Perdomo Klukosky Lawyer Quoted in Forbes.com

Law Firm for Federal and State Trademark Applications , Perdomo Law Located in Manhattan New York, NY 10007

The Difference Between State and Federal Trademarks

Federal trademarks allow registered mark holders the ability to conduct business transactions in any state in the country. A state trademark only applies to a specific state if the company operates more locally, like in one city or region. In cases where there is confusion, precedent may play a significant role in determining trademark ownership and use.

Experienced attorneys like Francelina M. Perdomo Klukosky have a deep understanding of the processes and how each works. She can explain the rights and responsibilities of each approved application and help new filers navigate the trademark process.

How to Apply for a Federal Trademark

Applying for a federal trademark takes several months. In some cases, it can take years to get approval. It also costs as much as $375 depending on the type of license. The application goes through the United States Patent and Trademark Office or USPTO.

The applicant must pay a separate filing fee for each product or service. The federal paperwork is more involved than a state application requiring the applicant to investigate similar marks in use, list why the company wants the trademark, and disclose detailed remarks about the item. Since a lawyer looks over each federal trademark application, most businesses use a specialized attorney to protect his or her interests and guide them through the process.

Obtaining a State Trademark

Business owners seeking a state trademark may get approval in a few weeks. This process is less involved; therefore, it is more affordable than federal filing fees. To apply for the licensing, a business must have the trademark in its current use. This means that the trademark submission should coincide with the launch date for using the brand, image, sound, video, or other identifying features. However, a person seeking to do business across state lines may apply for the federal coverage before using the mark.

What is the Lanham Act?

This regulation covers who legally holds the trademark when there is a dispute of ownership. A person holding the federal filing may be the owner whether or not a person has a state trademark. The key determining factor is the date of approval for each applicant. The Supremacy Clause dictates that federal trademark rights are the winner when there is confusion regarding who has the rights to use the mark. The trademarks do not need to be identical for this clause to go into effect. A design, implication, or sound too similar to another can fall under scrutiny in these situations.

Understanding Your Rights with a State and a Federal Trademark

A logo or business name can use the registration symbol and make it visible with federal trademark protections. A state license does not offer this feature. People applying with the USPTO office hold exclusive rights to the trademark with federal approval. The process lets holders stop inbound shipments at customs offices and allows the owner to file a legal suit against any party who infringes on the trademark.

Another benefit is that filers do not need to use the name or picture actively to apply for protection. Plus, federal approval serves as a basis for applying for an International trademark to operate globally. Another benefit is the addition of your trademark in the government database, where it is more visible and public, helping your business avoid trademark infringements. In cases of similar marks, your federal registration will serve as proof in court.

Our application checklist recommendations from our trademark application law firm includes:

Check for trademark likenesses online and in the government database
Research trademark laws and rights
Look at eligibility terms to see if you qualify
Finalize the name, brand insignia, or motto design
Understand terms like intent to use and use in commerce
Turn in any documents and perform any deeds the trademark office requires
Create a specimen to turn in for the federal application
Classify and provide in-depth details about the trademark
Pay the filing fee
Keep trademark current
Defend your rights as a licensed trademark holder

Call Us Now

Francelina M. Perdomo Klukosky, Esq.

For A Case Assessment

Contact Trademark Applications Attorney, Francelina M. Perdomo Klukosky for a Case Assessment

With proven experience and an exceptional track record for success, Perdomo Law is a reputable firm in NYC, Manhattan, and the five Burroughs areas. With years of experience working in commercial litigation, entertainment law, and corporate cases, our team has the knowledge to navigate the trademark system and ensure our customers do not have issues with confusion in brands.

We can help you sort out any confusion and find out your rights to help you make the best decision for your business. If you already have a trademark, and you need help to defend your rights, we can help.

Please contact us for a case assessment.

Additional References

Trademark Basics

ABA AILA INTA New Your City Bar NY Women in Film & Television Women in Music

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