Protect Your Brand in New York: Trademark Registration 101

Looking to protect your trademark in New York? You’ve got two main options - state or federal registration. Each comes with its own perks or limitations. This guide breaks down the benefits of state trademarks, like affordability and local protection, while also covering why they might not be enough if you plan to expand. We’ll also explore the advantages of federal registration, walk you through the trademark process in New York, and highlight common challenges in NYC.  

NYC business owners: Here's why you need a state trademark

“It's more cost effective to obtain a state trademark registration, as opposed to a federal registration. Obtaining a state trademark is also a smart way for entrepreneurs to secure an official record of their trademark rights when they cannot do so at the federal level, for example, in the case of cannabis-related products.” - Shana Thomas, New York Trademark Attorney.

State trademark protection offers a dual advantage. It's both efficient and cost-effective. At the same time, it ensures your mark is protected where you conduct business.

One of the key benefits of state registration is affordability. For example, registering a trademark in New York is just $50 per classification. In contrast, filing with the United States Patent and Trademark Office (USPTO) is much more expensive. As of 2025, the USPTO charges $350 per classification.

Additionally, trademark registration (whether state or federal) signals credibility to potential investors and customers. Of course, this improves your brand's reputation. However, it does come with limitations that business owners should carefully consider.

Think bigger - why state trademark protection might not be enough

While state registration provides protection, it's restricted to the region. If you plan to expand beyond New York, your trademark protection won't extend beyond state lines. This means bad actors outside of New York could use your mark without legal consequences.

Another significant limitation is that state trademark registration prohibits "Intent to Use" (ITU) applications. An ITU application allows businesses to secure a trademark before using it in commerce. In contrast, New York requires applicants to provide proof of trademark use at the time of registration.

This proof could include:

• Marketing materials
• Product packaging
• A store sign displaying the mark

Advantages of federal trademark registration

Federal trademark registration provides nationwide protection in the US. It can also serve as the basis for international trademark protection through the Madrid System This allows businesses to apply for trademark protection in several countries using a single application. This said, each country reviews and grants protection independently. Approval isn’t guaranteed. 

How to trademark a name in New York

If you have decided to register your trademark in New York, the first step is conducting a comprehensive trademark search. This ensures your mark is not already in use and helps you avoid legal conflicts. Subsequent to this is the filing process. We’ll take you step-by-step, ensuring you’re well prepared. 

Trademark search process

To conduct a proper search, you should:

1. Check the New York State Trademark Registry. At no charge, staff at the New York State Library can provide help for state trademark searches.
2. Search the USPTO database to identify federally registered trademarks.
3. Perform a common law trademark search, which includes: A detailed Google search, searching business registries, and ensuring no unregistered trademarks (common law trademarks) exist that may conflict with yours.

Common law trademarks, though unregistered, still provide legal protection. This is due to their established reputation and long-term use in commerce.

Filing your trademark application

Once you have conducted a thorough trademark search, the next step is to complete your application. You can do this on your own by mailing the completed application with three specimens. You can also seek the help of a registered trademark attorney. 

Having an experienced attorney can be highly beneficial. They can help you navigate the process and ensure your application is filed right the first time.

Successful registration will provide you with state trademark registration for a period of 10 years. This said, the renewal will be required within the last year before expiration.

Challenges faced by NYC businesses

New York City businesses operate in an intensely competitive environment. Failure to register your trademark can lead to:

• Brand misuse,
• Theft of your intellectual property,
• And reputational damage that can be difficult to recover from.

For example, imagine you own a taco stand and have been selling under the name Taco King for years. Seeing your success, a competitor starts selling lower-quality tacos under the same name. Since customers associate the name with your business, they mistakenly believe the inferior tacos are yours. This damages your reputation and results in lost customers and diminished brand equity.

Secure your brand with Trademarkia

Ready to secure your intellectual property? It’s easier than ever with Trademarkia. Our nationwide team of trademark attorneys is ready to assist with your registration, providing expert guidance every step of the way. If you need assistance specific to New York, Shana, a licensed attorney in the state, is available to help with all your New York trademark questions. Start today, so you can focus on what you do best - making your business a success.

Additional resources

• State Trademark vs. Federal Trademark: Which is Best?
• Do I Need to Hire a Trademark Attorney?
• What to Expect When Applying for a Trademark: A Comprehensive Guide

Glossary of legal terms

• Trademark specimens: Evidence showing how a trademark is actually used in commerce, required by the USPTO to support a trademark application.
• United States Patent and Trademark Office (USPTO): The federal agency responsible for granting patents and registering trademarks in the United States.
• Common law trademark: Trademark rights acquired through actual use in commerce, even without federal registration, providing limited geographic protection.
• Trademark classification: A system that categorizes trademarks into specific classes based on the type of goods or services they represent.