Trademark Registration & Protection

New York Trademark Registration Lawyer

Trademarks are a vital aspect of business and brand identity. A valid trademark distinguishes a company, products or services from competitors, and identifies their ownership or origin. However, only properly registered trademarks receive full protection under the law.

As a New York trademark attorney with extensive experience in advising commercial clients on their trademark rights, Rubin Ferziger can take a business or individual through every step of the process of securing a legally protected trademark. This includes the initial trademark search to determine availability of the mark, registration with the United States Patent and Trademark Office, litigation of infringement claims, and seizure of counterfeit goods.

The Ferziger law firm assists clients with the following trademark issues. They routinely arise during product development or launches, when purchasing a company, or licensing brand rights:

  • Determining Appropriate Extent of Protection (State, National, International)
  • Service Marks
  • Prioritizing Protection of Multiple Marks
  • Licensing Strategy & Agreements
  • Coexistence Arrangements With Competitors
  • Assignment of Rights Contracts
  • Cease and Desist Letters & Orders
  • Determining Remedies & Damages
  • Litigation of Infringement Claims

Trademark Issues in Purchasing a Company, Product Line or Licensing a Brand

Trademark protection is one of the more complex aspects of law. Many considerations can arise that are not always initially apparent. This is why its essential to retain an experienced lawyer to safeguard your interests in any business transaction involving a trademark or service mark.

Heres an example of how unforeseen legal problems can occur. Its from an actual case in which Rubin successfully resolved difficulties for a client

A New York wearing apparel company purchased trademark rights to sell clothing in the United States, and its territories and possessions. immediately upon the purchase of the trademarks, the sales representative in the territory of Puerto Rico was terminated.

The sales representative then claimed that under the law of Puerto Rico, termination was not lawful. Legally, Puerto Rican law linked the purchase of the trademarks to the termination issue. The exposure to the New York company was in the millions of dollars.

Rubin resolved the matter by negotiating for his client to pay the sales representative only the sales commission actually earned, an amount less than $200,000.

As you can see, when you license or purchase rights to sell products or services under a particular trademark, there may be other legal entanglements attached to the deal.

If you are licensing or purchasing trademark rights, the Ferziger law firm can conduct the essential research necessary to see if any legal problems exist before you sign a contract, and advise you accordingly.

The importance of Trademark Registration

Many companies have logos and other trademarks that have never been registered with the United States Patent and Trademark Office. Without proper registration, it is not possible to secure full protection of your rights. Recovery of damages for infringement is problematic if your mark isn't registered, which can be a costly matter for a business.

For assistance in protecting your trademark rights, please contact the Law Office of Rubin Ferziger today at 212-490-8585.