Trademark Law in New York

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.

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.

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.

On average, a federal trademark application takes between 8 to 12 months to move from submission to approval—assuming there are no complications. If your application receives a USPTO Office Action or enters the opposition phase, the timeline can be extended. The process also depends on how well the application is prepared. Working with a trademark lawyer helps reduce delays by addressing potential issues before you file and responding efficiently if any arise.

A USPTO Office Action is a formal notice from the United States Patent and Trademark Office that there’s a problem with your trademark application. This could be a substantive refusal—such as a likelihood of confusion with another mark—or a technical issue, like missing information or improper specimens. An Office Action isn’t a final rejection, but it does require a timely and strategic response, often with legal reasoning. A trademark attorney can help you craft the right response to move your application forward.

The most frequent reason for rejection is a likelihood of confusion with an existing trademark—meaning your name or logo is considered too similar to something already registered. Other common reasons include descriptiveness, generic wording, or lack of distinctiveness. Filing errors, like unclear descriptions or wrong ownership details, can also lead to rejections. A trademark lawyer can help prevent these issues by conducting a proper search and guiding the application process from the start.

You’re not legally required to use a lawyer when filing a trademark application—but having one can make a big difference. The USPTO does not offer legal advice, and simple filing mistakes can result in delays, refusals, or loss of legal protection. A trademark attorney can help you choose the right filing strategy, draft accurate goods and services descriptions, and respond effectively to any Office Actions. This often leads to a smoother, more successful registration process.

The ™ symbol is used to indicate that you’re claiming rights to a trademark, even if it hasn’t been registered with the USPTO. It can be used freely with brand names, logos, or slogans. The ® symbol, on the other hand, is reserved for federally registered trademarks. Once your mark is approved and registered by the USPTO, you can legally use the ® symbol to show your exclusive rights. Misusing the ® symbol before registration can result in penalties.