Trademark Law

Empire Business Law

Registering your trademark shows investors that you mean business. It also protects your brand when competitors try to emulate rather than innovate.

Trademark Attorneys

Trademarks – The Benefits of Registering a Trademark

Protect your brand with a trademark. Empire Business Law can help you when you call (855) 781-7705. When you hire a trademark attorney to protect your brand, others cannot legally use anything confusingly similar to refer to their own brand without permission. By registering your trademark, you can help protect your brand’s reputation. A trademark can ensure that your company name and logo are used only in ways you approve. At Empire Business Law, your trademark attorney and expert in intellectual property law, we will walk you through the process to protect your brand with a federal trademark.

Trademark Application Requirements

Filing a trademark application can be a very long and frustrating process. In the best-case scenario, you will be waiting six months for your application to be approved. Worst case scenario, your application is denied, and you’ve just wasted non-refundable money, and non-returnable time on an application you may still have to re-file.

However, having an attorney file your trademark can save you from some of the pitfalls that get applications rejected. Not only do we know what the USPTO examining attorneys are looking for in successful applications, but we also know what to do when that application hits a speed bump. We take on the process head-on so you don’t have to. Read More.

Trademark Searches

A trademark search is an essential step in opening a business. It allows us to discover whether the name of your business is already in use for the products or services you will be providing. It ensures you have a protectable name, but more importantly, it keeps you from infringing on anyone else’s trademark. Searching now can save you from spending money on redesigns and lawsuits in the future. Read More.

At Empire Business Law, we know trademarks. We help people every day with trademarking their product or protecting it. Call our office at (855) 781-7705, Schedule an appointment - click here or fill out our contact form and we will contact you as soon as possible. Contact us today.

What Is a Trademark Name?

A trademark name is a brand name that meets several criteria. It must be:


  • Not confusingly similar to competing brands.
  • An adjective, rather than a noun or verb


This final distinction can help keep your brand from being misused or genericized, so that it may not be referred to any other similar product.

A great example of this is . . . “Do you have a Q-Tip?” Instead, you’d say: “Do you have a cotton swab?” Similarly, you shouldn’t ask someone for a "Kleenex” but instead, for a tissue.

Ideally, a trademark should also be:

  • Easy for people to pronounce
  • Not too long
  • Recognizable or not too complicated
  • Simple by design

What Is an Example of a Trademark?

You may be surprised to learn that company and product names aren't the only things you can trademark. You can also trademark a:

  • Symbol (example: McDonald's "M" or Golden Arches symbol)
  • Slogan (example: Burger King "Have It Your Way" line)
  • Colors (example: Target's Red Bullseye)
  • Sound (example: NBC three-note chime)

What Are the Benefits of Trademark Registration?

Registering a trademark can help prevent confusion in the marketplace. If another company tries to sell products or services similar to yours, you could lose sales. Customers may think they are buying your brand, but they aren't. Trademarks can also help keep your brand from becoming genericized, which happens when consumers treat all products in your category as if they are precisely the same as yours.

Once you establish your brand as the tops in your field, you want your customers to know they are getting the best quality when they do business with you. A trademark prevents other people from coming in and selling merchandise or services under your name. Other items may not meet your quality standards and could tarnish your brand's reputation and lead to lost sales if consumers get confused. Trademarks also help people recognize your brand easily.

Having the official ® (registered trademark) service mark next to your name adds credibility and validity to your brand. Contact Empire Business Law and Get The Help You Need For Your Business Today!

  • What types of Intellectual Property can not be Trademarked?

    You can't trademark creative works. You can protect the following types of art by copyright instead of a trademark:


    • Written works, including novels or non-fiction books
    • Plays / movie scripts
    • Poetry
    • Art
    • Songs
    • Films
    • Theatrical performances

    You also can’t trademark inventions, machines, business processes, or pharmaceuticals. These are protected by utility patents. You can, however, protect the brand names of these inventions with a registered trademark.


    Finally, you can’t protect designs or plans with a trademark. You can protect these with design or plant patents, respectively. The intellectual property attorneys at Empire Business Law can also help you with the patent application process.

  • Do I Need to Register My Trademark to Protect My Intellectual Property?

    In short, you don't have to register your trademark in the United States to gain protection. A federal trademark filed through the U.S. Patent and Trademark Office offers trademark registration rights across the U.S. However, there are numerous advantages to obtaining a federal registration.

  • Do I Need a Trademark Attorney to File My Trademark Application?

    A trademark attorney can save you time and money through the trademark filing application process. Too many times a business will try to apply on its own, causing problems down the road, including a rejected application or the registration not fully protecting the business. This ends up costing the business more in the long run.


    Empire Business LAW can help save time and money through the trademark application process. Call us today at (855) 781-7705 for help getting your trademark application filed.

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We needed some trademark work done. There was another business using our logo. We called Empire and they literally held our hand through the whole process.

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