How to Trademark in New York
Imagine your brand as the Statue of Liberty—bold, iconic, and uniquely yours. Like the statue, your trademark stands for identity and recognition in New York’s crowded marketplace. Whether you’re a Brooklyn artisan or a Manhattan startup, protecting your brand helps guard against imitators.
In New York, there are two ways to do that: a state trademark or a federal one. The right choice depends on where you do business and your growth plans.
What Makes New York Unique for Business
New York is more than just a state—it’s a global business hub where innovation meets tradition. From the financial powerhouses of Wall Street to the creative startups in SoHo, New York’s entrepreneurial spirit is electric and diverse. The state’s dynamic mix of industries—from fashion and media to tech and manufacturing—creates a melting pot where local identity strongly influences brand names.
Because New Yorkers take pride in their boroughs and neighborhoods, it’s common to see brands with distinctly local names referencing places like Harlem, Queens, or the Hudson Valley. Protecting these names is crucial to preserving that local flavor and earning your spotlight in a market as competitive as a Broadway audition.
Should You File a State Trademark or a Federal Trademark?
Deciding between a New York state trademark and a federal trademark depends on your business goals. Here’s a simple checklist to help you assess your needs:
- You only plan to do business within New York State.
If your market is local, a state trademark can offer adequate protection. - Your business name is highly local.
Names including city or regional references benefit from state-level protection, like “Rochester Roasters” or “Queens Coffee Co.” - You want faster, more affordable trademark protection.
State filings typically cost less and process quicker than federal filings. - You’re not ready to file at the federal level yet.
A state trademark can be a good first step while you prepare for federal registration. - You’re planning to grow but need an interim layer of brand protection.
Securing a state trademark helps guard your brand while you expand.
Regardless of the choice, comprehensive trademark research is essential. This step helps identify potential conflicts before you invest time and money in filing, saving you headaches later.
How to Register a Trademark in New York
Registering a trademark in New York is a straightforward process, but it requires attention to detail to avoid common pitfalls. Here’s a simple guide based on the New York Secretary of State’s information:
1) Start with Comprehensive Trademark Research
Before you fill out a single form, it’s critical to make sure your trademark is truly available.
Comprehensive research goes far beyond a quick search of the New York trademark database. It should include:
State-level searches through the NYS trademark records – good idea to check neighboring states as well; most trademark search providers search the entirety of state trademarks
Federal trademark searches looking for similarities in Sound, Appearance, or Meaning as well as related goods/services
Common law searches for unregistered business use
Why it matters:
Even if you’re only filing for a New York state trademark, someone else could already be using your name—anywhere in the U.S. If that use predates yours, it could block your application, trigger a legal dispute, or limit your ability to expand later. A full search—covering New York state records, federal trademarks, and unregistered (common law) use—helps you spot conflicts early, so you don’t waste time, money, or momentum on a name that isn’t truly available.
2) Prepare Your Application:
You’ll need to submit a completed application form, which includes your business name or logo, the classification of goods or services your mark covers, and proof that you are using the mark in commerce.
3) Specimens Required:
New York requires three identical specimens showing the mark in use in commerce. These can be labels, tags, packaging, or advertisements displaying your trademark.
4) Filing Fee:
The fee is $50 for each classification of goods or services you want to register. For example, if your mark covers both an apparel brand and a clothing store, you pay $100 total.
5) Submission:
Mail your application and specimens along with payment to:
New York State Department of State
State Records
One Commerce Plaza
99 Washington Avenue, Albany, NY 12231-0001
Payments can be made by personal checks, postal money orders, or cashier’s checks payable to the NYS Department of State.
6) Registration Term:
A New York trademark registration lasts 10 years from the date of registration.
7) Renewal:
You must apply to renew your trademark within six months before it expires. The renewal fee is $50 per classification.
Following these steps carefully increases your chances of a smooth registration.
What About Federal Trademark Protection?
If your business operates beyond New York—whether online or in multiple states or you sell to interstate travelers, i.e., tourists —federal trademark registration may be a better fit. Federal trademarks provide nationwide protection and exclusive rights to use your mark across all 50 states.
Federal registration takes longer and costs more but offers stronger legal tools to protect your brand. Before filing federally, thorough trademark research is critical to avoid conflicts with existing marks.
Conclusion
In New York’s fast-paced business landscape, protecting your brand is like securing your place in Times Square—it’s visible, valuable, and vital for standing out. Whether you’re just starting out or expanding your reach, trademark registration is a smart investment in your company’s future.
If you’re unsure which trademark route is right for your business in New York, we can help. Our comprehensive trademark research and application preparation services save you time, money, and future headaches—so you can focus on building your brand with confidence.
Ready to protect your New York brand?
Contact us today for expert support with your trademark research and filing prep.