The term "trademark" means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of goods, even if the source is unknown. Registration of trademarks are made to show ownership of the mark and to provide protection to the mark itself. Each mark must be reviewed to determine if it so resembles a previously registered mark as not to cause confusion, mistake or deception.
- Duration is 10 Years for a registered trademark
- For statutory provisions: NYS General Business Law, Article 24
How to File
- File an Application to Register a Trademark
- The application must be on a current form supplied by the Department of State and be completed in the English language and plainly written or typed. If the mark or any part thereof is not in the English language, it must be accompanied by a sworn, notarized, translation.
- The application must be accompanied by:
- Three specimens (examples) showing the mark as actually used. A specimen for a mark used on goods shows the mark as it appears on the actual goods, labeling, or packaging for the goods. For example, a specimen may be a tag or label displaying the mark, or a photograph showing the mark on the good itself. Showing a display of the mark alone is not sufficient; the specimen must show the mark on or in direct connection with the goods. Invoices, announcements, order forms, leaflets, brochures, publicity releases, letterhead, and business cards are generally not acceptable forms of specimens for goods.
- Please do not include any actual goods with your application. Note that specimens may not be larger than 8.5” x 11”.
- Please mail the completed Application to Register a Trademark together with the filing fee and three specimens of the mark to:
- New York State Department of State, State Records, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.
Please refer to the instruction sheet for completion of items 1 through 9 of the form.
$50 filing fee for each classification claimed for registration.
- Personal Checks, Postal Money Orders and Cashier's Checks are accepted. Make payable to the NYS Department of State. Checks over $500 must be certified.
Common Denial Reasons
- insufficient information
- incorrect information and/or fees
- same or similar mark already filed
File an Application for Renewal of Trademark/Service Mark within six months prior to the expiration.
Federal Registration Requirements
Federal registration may be obtained by contacting the United States Patent and Trademark Office at 800-786-9199.