FISHER STONE, P.C.
Legal: Done Right

Trademark Lawyers NYC | New York Trademark Attorneys

Providing Trademark Services for Clients

Entrepreneurs take significant risks when they start companies based on a new idea or invention. If they have a successful service or product, they could still lose the potential to earn great wealth if they fail to protect that product under NY intellectual property law. Competitors could infringe on their property by stealing ideas or imitating brand names, robbing the person of the success they could have enjoyed.

If you are thinking of starting a company or selling a product, please take a little time to contact a trademark attorney about your intellectual property rights. Submitting the proper claims to the trademark office now can make all the difference when someone attempts to infringe on your rights. Trademark attorneys like those at our law firm will stand by your side to protect your interests from the infringing party.

Securing a trademark can be intimidating, especially if you don’t have experience in business law. However, this is one step in forming a business you do not want to overlook. When you contact our trademark law firm, you’ll get insight and advice from a legal team with decades of combined experience. We have experienced firsthand the thrill and stress of starting a small business and understand the need for intellectual property protection. We will walk you through the trademark application to ensure the best chances of success.

Call Fisher Stone, P.C. to schedule your free consultation with our highly skilled New York trademark attorneys. Unlike other law firms, we will treat you with the respect and care you deserve. We will fight for your proposed trademark and take an aggressive stance against trademark infringement. Contact us at 516-908-9519 to learn more about the legal implications of intellectual property law and how we can help.

What Is a Trademark?

When individuals create new inventions or products, they need something easy for customers to recognize. The brand could be based on a symbol, a brand name, or a product name that differentiates that company from competitors. The legal step of protecting your brand, product, or company involves seeking a trademark.

A trademark prohibits others’ use of your intellectual property. If an infringing party attempts to use a similar name for their brand, product, or service, they could face legal action. When you trademark your idea, you get a better chance that your customers will recognize your brand and see your name as someone they can trust. Having a trademark is crucial to build brand loyalty. If the time comes for you to move on and sell your company, you may also sell your trademark.

Please take intellectual property matters seriously to prevent the heartache of having your property stolen from you. Our NY attorneys have helped countless clients with trademark applications, and we are ready to help you.

What Is Involved in Intellectual Property Law?

Intellectual property law includes protecting ideas, names, branding, and other aspects of running a business to ensure other entities don’t steal your customers or damage your reputation. Because of the many aspects of intellectual property law, it is crucial to understand your rights and duties to give your company the best chance at success. Intellectual property law typically includes patents, copyrights, trademarks, and trade secrets.

Patents

Patents protect an inventor’s rights to a product of their imagination. Patents apply to new products and processes. Not every invention requires obtaining a patent, and patents typically offer protection for a limited period.

Copyright Law

Copyright law deals with creative work, such as literature, art, music, or educational endeavors. When someone creates a novel, sculpture, photograph, or other meaningful creative work, they deserve to have their masterpiece legally protected.

Trademarks

A trademark can offer permanent protection for a company that depends on a logo, symbol, or name to establish its brand. With a registered trademark, the company can take legal action against other entities that imitate their product or branding. This ensures that customers get what they expect when they look to your brand for a product or service, protecting your reputation. Contact our experienced legal team for help protecting your rights by registering your trademark.

Trade Secrets

Finally, trade secrets are crucial to businesses that want to keep a competitive edge. Our law firm can help develop employment contracts that protect your trade secrets when team members leave the company.

What Types of Trademarks Are There?

Just having a trademark might not be enough. There are a variety of options when it comes to trademark applications. Your unique situation could merit a variation on a regular trademark to protect your interests within your company. A New York attorney with experience in trademark law can help determine which trademark application you need.

Some different types of trademarks in New York include:

  • Registered trademarks – The trademark registration process can be intimidating; however, having a registered trademark can offer your company a great deal of protection from intellectual property theft.
  • Service marks – Service marks include images, logos, symbols, and names that distinguish your service-based company from its competitors. Service marks are used for companies providing services rather than producing goods that are sold.
  • Unitary trademarks – Unitary trademarks do not require disclaimers, which is essential for business owners who desire a strong trademark.
  • Incontestable trademarks – Trademarks that were not acquired fraudulently and that have been in use for at least five years may be declared incontestable, giving your trademark even more legal strength.
  • Joint trademarks – When two or more entities form a trademark together, this is known as a joint trademark and comes with some unique legal aspects.

Why Do I Need to Trademark My Intellectual Property?

Registering a trademark is optional for business owners. So, what are the advantages for New York City trademark owners?

The following are just some benefits of federally trademarking your intellectual property:

  • Having your trademark listed in the database or registered trademark, making it searchable for others searching for potential trademarks
  • Rights to use your name, symbol, image, or logo permanently as long as you keep your trademark active
  • No need to provide copious evidence to prove that you may legally use your trademark
  • Ability to file for a trademark in other countries
  • Right to assistance from U.S. Customs and Border Protection to stop infringing parties from attempting to import their goods
  • Right to take legal action against competitors who infringe on your intellectual rights

A knowledgeable trademark attorney can provide guidance on how to fully protect your property through trademark registration. Contact our trademark attorneys immediately to prevent disputes and seek litigation over trademark rights.

What Are the Steps of Completing Trademark Registration?

Trademark and copyright registration are crucial actions that can establish brand identity and protect you from potential licensing issues. Our trademark attorneys have spent over a decade helping NYC business owners navigate the trademark search, application, and other steps to protect their trademark rights. With a skilled trademarks lawyer, you can proceed confidently when seeking your trademark or service mark.

Some of the main steps in the registration process include:

  • Determining what kind of trademark you need, such as a service mark or other trademark
  • Developing the trademark that matches your company, as you will not be able to significantly alter your name, logo, or image after applying
  • Understanding your filing basis or the specific requirements for your particular trademark
  • Completing and submitting the trademark application for your proposed trademark
  • After getting approval, receiving and maintaining your trademark registration

Trademark applications can be complex, so getting the support you need from an experienced trademark attorney is crucial. Please don’t go it alone when protecting your intellectual property. Contact the trademark attorneys at our intellectual property law firm for help submitting a successful trademark application to the trademark office.

What Happens After I Register My Trademark?

Once you have a trademark, it is yours indefinitely under certain circumstances. You must continue using the trademark to sell and promote your goods and services to be considered active. This includes keeping up with required fees and renewals. As long as you comply with regulations as explained by your trademark lawyer and continue to use your trademark during business interactions, the trademark is yours forever.

It is your duty to be vigilant about other companies using similar names or logos or otherwise infringing on your rights. If you notice a competitor taking advantage of a similarity in name or symbol, please contact your trademark lawyer immediately. A business law office can help defend your property by proving you have a trademark to protect that item. They can help take action, including litigation, to defend you and your property.

Contact the trademark attorneys at Fisher Stone, P.C., right away for trademark services, including maintaining and enforcing trademark rights.

Is a Trademark Different From a Patent?

Trademarks and patents serve similar functions. They both protect property owners when it comes to intellectual property. Intellectual property includes names, designs, and ideas that a person developed as a result of their intellect and creativity. When you have an idea, you can pursue a trademark or patent, depending on the nature of the item. The United States Patent and Trademark Office governs both aspects of business law.

Trademarks

Trademarks protect certain business aspects, such as the company name. You may also trademark a symbol or logo that accompanies your name, giving the consumers confidence as similar branding occurs throughout your products or services. Potential customers can also recognize your products by your trademarked logo.

Patents

A patent works a bit differently from a trademark. Rather than protecting the brand, the patent has to do with rights associated with the product being sold. For individuals inventing new products, the patent will be worth looking into. Whether you need patent or trademark services, please get in touch with an IP law firm to learn more about your rights and duties.

How Can a New York Trademark Attorney Help Me?

If you are opening a business in New York, you may have already encountered the unique regulations and laws that small business owners must deal with. Structuring a business, formulating contracts, and hiring employees all comes with nuances that must be followed or you could face disputes or even legal action. Another aspect of business law that shouldn’t be ignored is trademark law.

NYC business owners can benefit from hiring an experienced trademarks attorney to help with copyright law, trademark disputes, and more. With a trademarks lawyer, you can avoid many problems plaguing new and experienced business owners. If an issue comes up where another party infringes on your rights, you’ll have a professional by your side to protect you.

A New York trademark attorney can help with trademark registration, intellectual property protection, trademark applications, maintaining your trademark, getting a patent, and more. Please let our boutique law firm handle the legal details of intellectual property law so you can focus on running your business. Contact Fisher Stone, P.C. for attorneys who take pride in protecting trademark owners.

What Should I Do if I Discover a Competitor Infringing on My Trademark?

Business owners should not take trademark infringement lightly. With the effort, funds, and energy you’ve put into your business, you should not let another party take that away by stealing your intellectual property. Trademark law exists for a reason, and you should take advantage of having the law behind you to stop others from infringing on your rights.

One of the best ways to protect yourself from trademark infringement is by having a registered trademark and maintaining your legal rights to your property. An NY attorney can help you fulfill all legal requirements to avoid a dispute. If you notice a competitor infringing on your intellectual property, please immediately consult with an experienced trademarks attorney.

Your attorneys will likely take action immediately, including writing Cease and Desist letters, using settlement negotiations, and other creative measures to resolve the matter at as little expense as possible. Our legal team proudly represents NYC business owners in intellectual property infringement matters, including litigation. We are not afraid to fight for you in and out of the courtroom.

When Is it Appropriate to File a Domain Name Dispute?

Your domain name is a unique part of your intellectual property that must be protected. Along with trademark registration, you can use your domain name to identify yourself as a trustworthy business offering products and services your customers come to expect. If someone uses your name or a similar name to infringe on your rights, your reputation could be at stake.

Our trademark attorneys have spent years representing clients facing trademark and domain name infringement issues. We will be happy to meet with you to discuss your issue and help you decide the best way to move forward. Whether that means sending a letter or taking legal action, our IP law firm will stand by your side to get the most favorable results possible.

When you need a trademark lawyer or domain name attorney, you can rely on Fisher Stone, P.C. Please get in touch with our law office right away to protect your intellectual property, including your website and domain name. We will provide guidance and representation in this crucial matter to ensure your business enjoys many years of success.

What Are My Rights and Duties as a Trademark Owner?

If you own a company and want to protect your trademark, you have certain duties to fulfill. These include submitting the proper forms to the trademark office to register your trademark. When you work with a New York attorney like those at our law firm, you can rest assured that the trademark registration process will go as smoothly as possible. You’ll also have peace of mind knowing you are protected by U.S. trademark law.

However, getting a trademark is just the beginning of the process. You also have further duties to maintain your trademark active and take advantage of the legal protection a trademark offers. If you follow regulations, you will have access to protection under New York trademark law permanently.

Some actions you should take to keep your trademark active and avoid trademark disputes include:

  • Using your trademark when doing business – If you do not use your logo, symbol, or brand, your trademark might be considered inactive, and you could forego the privileges associated with trademark ownership
  • Filing required documents after the first five years and as required thereafter – Working with a trademarks lawyer can help ensure your documents are submitted correctly and in a timely manner
  • Using vigilance to report others who infringe on your trademark – If you suspect another entity is using a brand, logo, or symbol that infringes on your trademark rights, please contact a trademarks lawyer immediately

When you keep up with these simple duties, you’ll retain your privileges as a trademark owner. These rights include the ability to take legal action if someone uses branding similar to yours to imitate your company. You also have the right to assign trademark ownership to another entity if desired. Finally, you can apply for correction if there are any changes to the name or description of the trademark. Reach out to our experienced trademarks attorney immediately to learn more about the benefits of registering your trademark and for help getting started.

Who Should Be the Named Owner of the Trademark, Myself or My Company?

One matter that confuses many people is the ownership of the trademark itself. In fact, many individuals make the mistake of putting the wrong name on the trademark application. Selecting the right entity for trademark ownership can significantly impact your ability to utilize trademark law in the future. For example, if you put the wrong entity on your application, the entire registration could be considered void, leaving you without the trademark protection you need.

Depending on your unique circumstances, you may use your own name or the name of the company using the trademark. Some entities that could be used for trademark ownership include individuals, companies, partnerships, LLCs, trusts, or joint owners. If the trademark were owned by an individual who passed away, the trademark would be part of the person’s estate.

For help determining who to list on your application as the trademark owner or for other application and licensing issues, please get in touch with our law firm. We are happy to meet with you in a free consultation to discuss your trademark needs and goals.

Can I Include Initials or Acronyms in My Trademark?

Since naming the trademark is a crucial part of the registration process, it is natural to have questions about what can be included in the trademark name itself. It is quite common for abbreviations and initials to be trademarked, although the letters themselves would not be legally protected. For example, certain brands may trademark stylized initials that may not be imitated.

Acronyms are also commonly trademarked since customers easily recognize them, and they help develop confidence in the brand. However, the acronym must be in a distinctive style and should not describe your product or service.

To help develop a strong trademark and navigate the complex process of trademark registration, contact our law firm right away. We can also assist you with trademark disputes if another entity has wrongfully imitated your brand, logo, symbol, or name. We’ll leverage our experience, knowledge, and dedication to take legal action on your behalf whenever necessary.

How Can I Benefit from Hiring an IP Law Firm?

Going it alone in a business venture in New York City is not advisable for many reasons. Many owners understand the benefits of getting help to structure the company and create firm contracts, but you should also consider the benefits of having legal professionals protect your intellectual property. An intellectual property law firm like Fisher Stone, P.C. can provide support, guidance, and confidence for your trademarked property.

With our law firm on your side, you get the following benefits and more:

  • Guidance based on decades of combined experience handling copyrights, trademarks, and other intellectual property issues
  • Help navigating the registration process to ensure your property is protected under the law
  • Assistance in maintaining your trademark active so that if a dispute arises, you have full legal protection
  • Advice on how to proceed if a dispute arises
  • Representation when you need to take action over an intellectual property dispute
  • Risk management when it comes to trade secrets that might be leaked by former employees

You can rely on our legal team when you need help with copyright registration, brand identity, trademark search, trademark applications, or other trademark services. We are widely versed in business law and can help your New York company grow and flourish. Call our trademark law firm now to schedule your free consultation.

What Other Services Does Your Intellectual Property Law Firm Offer?

Unlike other trademark law firms, we offer many services for companies in New York City. We offer legal counsel and representation to trademark owners that goes beyond intellectual property protection.

Some examples of cases we handle include:

  • Real estate – Our business law team will stand by your side throughout the process of buying, selling, and renting real estate. We have vast experience in both residential and commercial transactions.
  • Business structuring – Whether you are starting a new business or restructuring an existing company, picking the correct business entity and completing the steps properly can make a significant difference in your company’s success. We’ll help you identify the proper structure for your needs and guide you through the structuring or restructuring process.
  • Contracts – Our attorneys understand the importance of contracts when running a business. We’ll review your existing contracts to make sure they are watertight and include the clauses you need for your unique circumstances. We can also craft powerful contracts to give you legal protection and confidence.
  • Incorporation – When you are ready, we’ll help you navigate the complex incorporation process, including hiring a board of directors and preparing your company to sell stocks to shareholders.

Call our New York law office immediately to get the legal counsel and representation you need. Our team is standing by to discuss your needs and help get your business on track. With our proven success, you can rely on our team for personal attention and advice based on years of experience. Call today for your free consultation!

Why Is Business Structuring Important for a New York Company?

Many small business owners fail to appreciate the importance of choosing the right business structure. Sadly, their companies are often doomed to fall short of the success their owners have dreamed of. With the right legal counsel and help navigating the business structuring process, you can overcome this challenge and get your business started on the right foot. Even if you have an existing business, you can still adjust your operations and get the optimal business structure for your needs.

Your business entity will determine several aspects of how your business runs, including:

  • Management structure – Depending on which entity you choose, you could give yourself more or less power over critical decisions within your company.
  • Number of employees – Some businesses thrive with fewer employees, while others necessitate a larger workforce. Choosing the correct entity can make it easier to employ the individuals you need to make your business a success.
  • Taxation method – The entity you pick for your business structure also determines how you pay taxes. For example, the LLC provides a structure with limited taxation, while a corporation requires taxation on salaries and profits.
  • Ease of creation – Some business entities are simpler to create, making them ideal for small business owners with limited time and funds. On the other hand, the corporation structure might be ideal for other, larger businesses.
  • Liability protection – You can maximize your liability protection by choosing an LLC, corporation, or other business entity rather than a sole proprietorship.

What Business Entities Can I Choose From?

The following are some examples of business structures that you can choose from when starting or growing your business:

  • Sole proprietorship – In this business structure, you have complete control over every aspect of your business. You’ll also enjoy a quick and straightforward process of creating your company. However, you should be aware that the sole proprietorship makes the owner liable for debts and lawsuits that arise, putting your personal assets at risk.
  • LLC – The LLC is ideal for many small business owners because it combines the simplicity of a less complex business entity with the asset protection of a corporation. Creating an LLC requires operating agreements and designating an agent for your company. Contact our law firm for help from attorneys with extensive experience creating LLCs in New York.
  • Corporations – There are many variations of corporations, offering various benefits and advantages. In general, corporations are more complicated to set up. However, a corporation adds the benefit of a strong reputation and the ability to raise funds quickly by selling stocks.
  • Partnership – In a partnership, more than one person joins in the effort to create the company. This method can help by dividing the liability between multiple parties. However, partnerships have an added risk of disputes when partners disagree. Having strong contracts in a partnership is crucial.
  • Professional LLC (PLLC) – The Professional LLC is an ideal business entity for professionals, such as doctors, dentists, and legal professionals.

What Makes Your New York Intellectual Property Law Firm Different?

Choosing a business law firm in New York can be challenging with the many options available. With New York’s stiff competition and stringent regulations, it is crucial to have a legal team supporting you that you can trust. When you hire Fisher Stone, P.C., you can rest assured that each piece of advice is based on multiple years of experience in that field of law.

Our lead attorneys have both spent time pursuing entrepreneurial interests, meaning we can base our representation on experience building actual businesses. We understand the struggles and challenges of developing a brand in New York City, and we promise to leverage that experience to get you the best results possible in your trademark and other business issues.

Finally, we make it a priority to treat our clients with decency and respect. We will watch out for your best interests through negotiation, litigation, and any other legal action. Whether you are navigating a dispute with the United States Patent and Trademark Office, other businesses, an employee, or any other scenario, we’ll stand as strong allies in your corner.

What Is Your Approach in Intellectual Property Portfolio Management?

At Fisher Stone, P.C., we approach each situation with mindfulness and rely on our extensive experience representing clients with business issues. We aren’t afraid to think outside the box and develop creative solutions that save our clients time and money. We will dedicate our time, energy, and skills to protecting your intellectual property.

We believe in creating a culture that puts people first. We promise to prioritize your best interests as our client, and we will put all of our hard work, honesty, and determination into getting your favorable results whenever possible. We believe that you should be able to trust your attorney, and we will take the time to give you honest answers without confusing legalese so you can be a full participant in every decision.

Give us a call to discuss your situation and schedule a time to meet for a free consultation. We will listen carefully to your questions and concerns so we can fully understand where you’re coming from and what your goals are. We will then align our legal services to meet your needs and help you get your business to where you want it to be.

Should You Hire Our Trademark Lawyers in NYC?

If you are starting a business in NYC or hoping to grow your current business, please call our trademark attorneys immediately. We can help ensure your company has the foundation necessary to achieve the success you’ve always dreamed of, including protecting your intellectual property from other companies and entities that would infringe on your rights.

When you hire our law firm, you will get the advice and legal counsel you need in terms you can understand. We can assist you with many aspects of growing your business, including contract law, dispute resolution, business structuring, employment law, and more. With our New York attorneys by your side, you can proceed confidently and build the wealth you deserve.

Please don’t go it alone with so much at stake. Take the simple step of calling our law firm to protect your brand for years to come. Call 516-908-9519 to schedule your free consultation with our caring, capable team of New York trademark attorneys.