Buffalo, NY asked in Trademark for New York

Q: After I register a trademark does that make me the owner of it?

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm

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Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: The owner of the registration yes, the mark, well that's more murky. The person who responded before with a link also contained a canned response that you can pretty much disregard. While you may have rights in a Trademark, a registration will give you a "rebuttable presumption of ownership," which means that if there were ever to be a dispute that went to court the judge would have to presume that you're the owner and the other side would have the burden to prove you are not. This is significant since the standard in a civil case is a preponderance of the evidence (meaning "more likely than not" or 51% likely versus 50% unlikely) so if the burden shifts in your favor that can be a big advantage to meet or ovecome the standard of proof.

Donovan A Rodriques agrees with this answer

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