Queens, NY asked in Trademark for New York

Q: Can you tell me if my trademarks are legally recognized

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1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Trademarks Lawyer
  • Licensed in New York

A: What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and generally require you to prove your ownership only after a lengthy court trial that may last years, often bankrupting your fledgling business in the process. If you are not currently using your mark in commerce, we can evaluate, first, whether the proposed brand name satisfies the Lanham Act as to the language used and, second, whether your proposed mark is clear to use by conducting a common law trademark search throughout the local, state and national markets of the territorial United States. If so, we can apply for registration with the USPTO in all appropriate classes to cover the products you are currently selling, as well as product lines you may wish to develop in the future. This can also be important for generating revenue through licensing deals, assuming your brand sees success in sales. Successful registration on the USPTO Principal Register provides you presumptive exclusive use throughout the United States, the ability to have counterfeit goods impounded by US CBP at ports of entry, rights to bring a federal court action for injunctive relief against infringers, damages such as disgorgement of wrongfully gained profits in your favor, and more. Consider retaining a professional if you are serious about having a successful brand.

Tim Akpinar agrees with this answer

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