Legal Question in Business Law in New York

Re: Trademarks, necessary from day one?

It is very risky. You may be protected as a priority senior user under common law if a competitor who opens his business after you but registers first is in the same geographic market. But if a competitor, even one who starts using the name after you, files a federal trademark registration first and then expands into your geographic area and it is forseeable that your competitor would do business in your geopgraphic area, you may lose the right to the name.

Dealing with this problem later could be very expensive as trademark issues usually involve protracted Federal Court litigation and expensive investigative services which search for prior uses of the name or similarly sounding names.

Bottom line is it is probably "penny wise and pound foolish" to wait to file your trademark application.

Re: Trademarks, necessary from day one?

This is a business decision, judgment call but if you see it as even a distinct possiblity that someone else could take your trademark, it is probably worth the ivestment to get it done sooner rather than later.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.