Legal Question in Intellectual Property in New York

One doesn't copyright a business name, one applies for trademark protection, through the U.S. Patent & Trademark Office. It's a process that takes approximately six months after submission of the formal application.

If you decide, as many businesses do, that this is something on which you'd like help, we handle trademark applications on a flat fee basis.

As a franchise attorney, I can say the other attorney is right on point, except for a couple issues. The turnaround time at the USPTO is over a year, currently, and that's if everyone goes smoothly. Second, you have to be using your mark "in interstate commerce," meaning across state lines to qualify for a federal registration. Since you're not even in business yet, you can file an "Intent to Use" application with the USPTO that will protect it at this early stage while you get things underway. Another backup is a registration of the mark with your state, but most states require the mark to be in use before allowing registration. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney