Legal Question in Business Law in New York
we have a NYS C corp under a certain name, can we use that nationwide as it was accepted and filed by NYS, or do we have to check if the name is used by anyone else in the nation not doing so setting ourselves up for possible future litigation over name copyright or trade mark?
1 Answer from Attorneys
I commend you for planning and pre-thinking your business expansion.
Assuming there is no current trademark with the current company's name, generally speaking, you have what is commonly known a common law trademark. This allows you to protect your mark in the immediate geographic area where you generally conduct business within the state of New York. However when you engage in inter state commerce you should vet your mark before you begin using it to avoid possible infringement on other existing marks. you should also consider registering your own trademark to protect it as against other users.
You should begin by conducting a nationwide mark search. I can help you with that and with the trademark process. Feel free to contact my office at your earliest convenience. FYI, if you are a start up or emerging company I have discounted and deferred fees available.
for additional info go to TheLegalist.com
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