Buffalo, NY asked in Trademark for New York

Q: Are there state or international trademark laws to keep in mind in addition to federal?

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Barry E. Janay
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A: A Federal Trademark will offer you protection in the States that you do business in and the Madrid Protocol / System can protect you overseas since the U.S. is a signatory to that treaty. That said, the strength of your Trademark really depends upon how famous and recognizable it is in those geographic areas in relation to your good or services. It's more complex than just that, I'd be happy to speak with you to provide more in depth analysis.

A: Was federal IP protection filed? State laws provide common law protection, but federal filings can be used to challenge those if they're vague or hard to evidence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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