How to trademark a business name in New York?

Trademarking a business name in New York can take some effort to protect your brand at either the state or federal level. Here's a step-by-step process to keep you moving in the right direction:

1. Search for the Name

• First, search to determine if the name is currently available. You can search the database for federal trademarks at the United States Patent and Trademark Office (USPTO), or use the state trademark database maintained by the New York Department of State (NYDOS) to make sure there are no potential conflicts and to confirm your name will be eligible for trademark protection.

2. Identify the Degree of Protection

• State Trademark: A New York state trademark will protect your business name within New York. This would be good if your business is operated inside the state alone.
• Federal Trademark: A federal trademark protects your business's name in all states within the United States. This option applies if your business is on a national level or conducted online. A bit more challenging and costly, this gives wider protection.

3. Filing Your Application

• Another route you could take for a trademark application, state-level, is in New York with the New York Department of State. You can download the application from their website; the items which need to be included are the name of the business; the goods and services it represents; and evidence of its use in commerce.
• In the case of a federal trademark, you would be filing with the US Patent and Trademark Office and can do so online. The US Patent and Trademark Office requires more detailed information, such as the specific goods or services the name is to be associated with and proof of use.

4. Pay Filing Fees

• Filing fees depend on whether you will file for state or federal registration and the number of classes of goods or services that your trademark covers. A class just refers to a specific category that your business is involved in, and for every class, there is an additional fee.

5. Wait for Approval

• Processing times vary. In New York, a state trademark review generally takes considerably less time than a federal review, which may take a number of months.

6. Maintain Your Trademark

• Trademarks in New York State are often subject to renewal on a periodic basis, and federal trademarks also need periodic renewal on a specific schedule. This means your trademark will remain with protection upon renewal.

In general, trademarking a business name in New York state averages modestly for state registration, while at the federal level of registration generally means much higher fees per class of goods or services. It is through this process that your brand's name and reputation are secured in your market.