Legal Question in Intellectual Property in New York

Logo Protection

I'm doing some research for a federally incorporated religious organization that has been in existence for more than 75 years. It would like to trademark its logo (which has been in existence as long as the organization itself), and would like to know what my first step should be.

Thanks.


Asked on 1/08/07, 1:38 pm

5 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Logo Protection

Go to the USPTO.GOV website and begin filing the paperwork there.

If you need further assisance feel free to contact my office at the email address provided below or directly at 2127098303

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Answered on 1/15/07, 11:59 am
Steven Mark Steven Paul Mark, Attorney at Law

Re: Logo Protection

I'm biased. You should hire an attorney adept at trademark law. You can do it yourself, however, by going to www.uspto.gov and navigating through the trademark section. While it may appear daunting, it's really not and the instructions are excellent. There are also instructive and understandable sections to familiarize yourself with trademarks. If you'd like to discuss more you should feel free to contact me for a complimentary consult after which you can decide whether to go it alone, go with an attorney or at least have an attorney with whom you can consult as you do it yourself.

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Answered on 1/08/07, 1:45 pm
William Frenkel Frenkel Sukhman LLP

Re: Logo Protection

The first step is in doing a trademark search to determine who, if anyone, is using the name/logo and for what goods/service categories. A preliminary ("knock-off") search can be done on USPTO's website at www.uspto.gov but it is not conclusive for certain things, such as common law marks and internet domain names, among others. However, you will be able to see other registered federal marks that use elements of the mark you would like to register. Armed with that knowledge you would be better placed to predict how these other mark holders may react to your application for registration (they may oppose it or file lawsuits for declaratory judgments). Finally, you should know that marks actually used in interstate commerce receive some legal protection without registration. For maximum protection, however, federal registration is essential. You would do well to retain a trademark attorney to file an application for federal trademark registration.

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Answered on 1/08/07, 1:50 pm
Gerry Elman Elman Technology Law, P.C.

Re: Logo Protection

For an example of a logo of a religious organization, registered as a trademark with the US Patent and Trademark Office, visit the US PTO website and do a trademark search for BETHLEHEM UNITED METHODIST CHURCH ROOTED IN CHRIST, REACHING THE WORLD. I prosecuted that trademark application for the local church.

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Answered on 1/08/07, 3:16 pm
Harold Burstyn Harold L. Burstyn Attorney-at-Law

Re: Logo Protection

If you want to do it yourself and have Internet access, the fee to the government can be as low as $275.

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Answered on 1/08/07, 5:37 pm


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