Trademark, in general, is defined as “any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person” from those used by others.
Trademark may be registered trademarks or unregistered trademarks. For registered trademark, Section 360, Article 24 of New York General Business Law provides the guidelines for registration of trademark in New York and states the remedies for infringement. And if the trademark is not registered, New York State provides protection to the owner of unregistered trademark and it allows the plaintiff to file a case for common law trademark infringement.
Trademark Registration
Under Section 360-B, Article 24 of New York’s General Business Law, the applicant for registration of trademark must submit the following information: (a) name and address of person applying; (b) goods or services connected to the mark; (c) date the mark was first utilized; (d) declaration that the applicant is the owner of the mark. It is also required to attach 3 specimens of the trademark in the application for registration.
The application is approved, a certificate of registration shall be issued by the state of New York which is valid for 10 years. It is also renewable for another 10 years within 6 months before the expiration of the validity of the certificate of registration.
Remedies for Trademark Infringement in New York
The owner of registered trademark in the State of New York has the following remedies in the event that another individual is infringing on a registered mark (Section 360-m, Article 24 of General Business Law):
- File an injunction against the infringer in order to halt the infringing activities.
- Request to the court that all profits made by the infringer in connection to the infringement be transferred to the owner of registered mark.
- Request to the court that all the infringing products are donated or destroyed.
- File a suit and request the infringer to pay three times the damages and profits and reasonable attorney’s fees (bad faith infringement).
For similar articles about Trademarks in New York, please see: IP Infringement vs. Fair Use? Protecting Federal Trademarks in New York State, Can a Hashtag Be Registered As A Trademark?, and Federal Trademark Basics: What You Can Learn From The “New York Fashion Week” Trademark Controversy.
And if you are interested to know more about Registration of Trademark in New York and/or assistance in filing a case for Trademark Infringement, you may schedule a consultation with a lawyer: Please Schedule a Call with a Lawyer Here.