Legal Question in Intellectual Property in New York

trade mark

about to do a trademark on line for a name of a new company, any tips or pitfalls i should watch out for ?


Asked on 4/06/06, 3:38 pm

2 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: trade mark

My colleague's response to you is quite correct; the Trademark Manual of Examining Procedure (TMEP) is the Bible of trademark registration. However, the TMEP is huge and is written in governmentese. Here are a couple of pullouts from it to which you might pay particular attention.

"Online" is an international forum. You might want to check your mark's availability in other countries.

You might want to check the databases of corporate/LLC/LLP names in all 50 states, plus territories and possessions of the US as well as the trademark registries before you try to register your mark.

For federal registration, you must do business across state lines; else you can register your mark in your state. State registration does not fall under the procedures in the TMEP, and it is valid only within the state where the mark is registered.

This information is general only and should not be construed as legal advice. For advice on your specific situation, consult your attorney.

Read more
Answered on 4/23/06, 10:38 am
Meyer Silber The Silber Law Firm, LLC

Re: trade mark

Read through the Trademark Manual Examiners' Procedure guide at www.uspto.gov.

Read more
Answered on 4/06/06, 3:43 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York