We are a trademark and copyright law firm with attorneys that have been a member of the New York State Bar for over 15+ years. Our experienced attorneys have worked at a large Manhattan law firm, smaller boutique firms , well-known web services company, as well as a non-profit organization focused on first amendment and media issues.
Our passion for the law and commitment to going the extra mile for every single client and potential client sets us apart from our colleagues.
Our clients include entrepreneurs, small businesses, start-ups and creative people looking to protect their ideas. We understand the needs and budget of every business are different and we work with each client to ensure they have all the information and tools required to make the best decisions for their company. Each client is given undivided attention and, for most matters, charged an affordable flat rate.
Our Services!If you are thinking about registering a trademark with the US Patent & Trademark Office (USPTO) for your company name, brand, logo, or mark here are some helpful tips.
1) Know WHEN you will begin using your mark, if you have not already done so.
Trademarks will only be registered by the US Patent & Trademark Office after they are being used in interstate commerce. A common misconception among clients is that you can hold onto a name or mark you like by applying for a trademark without actually using it in the near future. This is not the case and knowing how it works can save you lots of time and money in unnecessary application fees. While you can initiate a trademark application prior to using the mark, the mark will only register once use has started (within a certain time frame). If you do not begin to use the mark within a certain time (possibly up to 3 years by paying additional fees), your application could be deemed abandoned and you would have to start the process all over again and incur additional fees, if you decide you want to obtain the trademark at a later date.
2) Know WHAT types of goods or services you would like to register the mark for.
Trademarks are registered in different classes of goods/services so it is important to choose which categories you would like to register your mark in. Having a trademark registration for a jewelry line, for example, would not give you an exclusive right to use the same mark to also sell a line of cosmetics. Your business use of the mark should be clearly defined. Each class you register your mark in will incur a separate filing fee from the USPTO. An attorney will be able to help you choose the appropriate class(es).
3) Know WHO may already be using your mark or a similar one in your industry.
The best way to avoid any future trademark conflicts is to do your research before starting the application process. It is extremely important to make sure no one will have a trademark claim on the mark you have chosen for your business. The first step is to search the US Patent & Trademark Office’s online database to see if anyone has already registered the mark in the same classes of goods/services. You can also search state trademark databases, industry organizations, business directories, trade magazines, etc…The options may seem limitless. An attorney can help navigate you through this process and flag any potential conflicts. This should be done before applying for a trademark to avoid costly fees.
4) Know WHERE you plan on using the mark.
A federal trademark registration only applies to marks being used in interstate commerce. If you are a small local and/or regional company that only does its business in one state then a federal trademark may not be right for you. Each individual state has its own trademark registration system. If you fall in this category, you should look into a possible state trademark. The USPTO keeps a list of links for all 50 states on its website. If you are unsure if you can apply for a federal trademark, you should speak with an attorney who can guide you on whether you will qualify.
Get Started!Obtaining copyright registrations for your original works is important to protect your business.
Copyright applications are filed with the US Copyright Office. It is important to note that as soon as you create something (poem, drawing, song, sculpture, etc…) you have obtained a copyright to it. However, filing an application and registering your work can have significant benefits if anyone tries to copy your work in the future. Registration is a key here, especially in fashion, jewelry, entertainment and many other industries where sales of knock-offs and copycats can cause tremendous damage to a business in loss of sales and reputation.
Get Started!Questions, general information - always free!
Register your mark with the US Patent & Trademark Office (USPTO) for your company name, brand, logo.
Obtaining copyright registrations for your original works.
Responding to Office Actions for Trademark Applications already in progress. Drafting Cease and Desist letters.
Work with the Trademark Trial and Appeal Board (TTAB Matters)
Any other trademark/copyright related matters.