What is a Trademark?
The term "trademark" as defined by Section 360 of the General Business Law 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 the goods, even if that source is unknown.
What is a Service Mark?
The term "service mark" as defined by Section 360 of the General Business Law means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of one person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.
How do I Register a Trademark or Service Mark?
Pursuant to Section 360-b of the General Business Law, any person who uses a mark may file in the Office of the Secretary of State an application to register the mark. The forms and instructions for filing a trademark or service mark are available on this Site. The completed application, together with the appropriate filing fee, should be forwarded to the New York State Department of State, Bureau of State Records, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
What is the fee for filing a Trademark or Service Mark?
The fee for filing the application is $50 for each classification of goods or services claimed. The check must be made payable to the Department of State. Checks over $500 must be certified.
Where can I Obtain a List of the Classification of Goods and Services?
The Official Compilation of Rules and Regulations of the State of New York, Title 19, Part 140, contains the Department of State’s rules and regulations for filing an application to register a trademark and service mark, as well as the list of classification of goods and services. Please note that the Department of State cannot offer an opinion as to the class or classes in which the goods or services fall.
How long does a Trademark or Service Mark Registration Last?
A registration of mark is effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, the registration may be renewed for a like term from the end of the expiring term.
Where Can I Find Information Regarding Federal Trademark Registration?
On the United States Patent and Trademark web site. You may also call the Trademark Assistance Center at 800-786-9199 for help on trademark matters.
Can the Great Seal of the State of New York be Reproduced?
The Secretary of State is the custodian of the Great Seal of the State of New York. The seal is used to authenticate official records of the State. The Secretary of State may authorize the use of the seal for certain educational or commemorative purposes pursuant to State Law section 74. Requests to reproduce the Great Seal of the State of New York for educational or commemorative purposes, should clearly describe the proposed use. Requests to reproduce the seal in educational publications should specify the title and a description of the publication in which the seal will be used, its publication date, and the number of copies to be published. Requests must be submitted in writing to the New York State Department of State, Office of Counsel, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
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