NYC Trademark & Service Mark Registration Attorney

Trademark & Service Mark Registration in New York City

Your business name, logo, slogan, and brand identity are among your most valuable assets. A trademark protects names, logos, and symbols that identify goods, while a service mark protects identifiers associated with services. Without proper registration, you have limited legal recourse if competitors adopt confusingly similar branding, and you risk losing the ability to use your own name in markets where someone else registers first.

At Agarunov Law Firm, P.C., we handle the full lifecycle of trademark and service mark protection — from initial clearance searches through federal registration, maintenance, licensing, and enforcement strategy. Whether you are a startup choosing a brand name, an established business expanding into new markets, or an entertainment professional protecting your creative brand, we ensure your intellectual property is properly secured.

Our Trademark Services

Trademark & Service Mark Searches

Before filing an application, a comprehensive trademark search is essential. We conduct searches of the USPTO database, state trademark registries, common law sources, business name databases, and domain registrations to identify potential conflicts. A thorough search before filing saves you the time, cost, and risk of an application that will be refused or challenged.

USPTO Registration

Federal registration with the United States Patent and Trademark Office (USPTO) provides the strongest trademark protection available. We prepare and file trademark and service mark applications, including selecting the proper international classes, drafting descriptions of goods and services, preparing specimens of use, and managing the application through examination, office actions, and publication. Federal registration provides nationwide constructive notice of your ownership, the legal presumption of validity, the right to use the ® symbol, the ability to file infringement actions in federal court, and eligibility for treble damages and attorney fees in infringement cases.

Intent-to-Use Applications

If you have selected a mark but are not yet using it in commerce, an intent-to-use (ITU) application allows you to establish priority while you prepare for launch. We file ITU applications and manage the timeline for filing statements of use, ensuring you secure your priority date without losing your filing.

Office Action Responses

When the USPTO issues an office action — whether based on a likelihood of confusion with an existing mark, a descriptiveness refusal, or a technical deficiency — a well-crafted legal response is critical. We draft office action responses including arguments on distinctiveness, evidence of acquired distinctiveness (secondary meaning), amendments to the identification of goods and services, and consent agreements with prior registrants when appropriate.

State Trademark Registration

In addition to federal registration, New York and New Jersey each offer state trademark registration. State registration provides additional protections for businesses operating primarily within one state and can be useful as a complement to federal filings or as interim protection while a federal application is pending.

Trademark Maintenance & Portfolio Management

Renewal & Maintenance Filings

Federal trademarks require maintenance filings to remain active. A Section 8 Declaration of Continued Use must be filed between the 5th and 6th year after registration, and combined Section 8 and 9 filings are required every 10 years thereafter. Missing these deadlines can result in cancellation of your registration. We track all deadlines and handle maintenance filings to keep your registrations active.

Section 15 Incontestability

After five years of continuous use following registration, you can file a Section 15 Declaration of Incontestability, which significantly strengthens your mark by limiting the grounds on which it can be challenged. We advise on eligibility and file incontestability declarations as part of ongoing portfolio management.

Trademark Licensing

If you license your trademark to franchisees, manufacturers, distributors, or other partners, the licensing agreement must include quality control provisions to maintain the validity of the mark. We draft trademark licensing agreements that protect your brand while enabling commercial partnerships.

Portfolio Strategy

For businesses with multiple brands, product lines, or sub-brands, we develop portfolio strategies that prioritize filings, identify gaps in protection, and ensure comprehensive coverage across all relevant classes and markets.

Who Needs Trademark Protection

• Startups & New Businesses: Securing your brand name and logo before launch prevents costly rebrandings and competitor conflicts
• Established Businesses: Formalizing trademark protection for brands that have been used but never registered
• E-Commerce & Online Businesses: Protecting brand names, product names, and logos used in digital commerce
• Restaurants & Hospitality: Protecting restaurant names, concepts, and branding before expansion or franchising
• Healthcare Practices: Protecting practice names and healthcare brand identities
• Entertainment Professionals: Registering artist names, band names, production company names, and show titles
• Franchisors: Building and protecting the trademark portfolio that underlies a franchise system

Serving New York and New Jersey

Agarunov Law Firm is licensed to practice in both New York and New Jersey. Trademark and service mark registration is handled at the federal level through the USPTO, meaning our filings protect your marks nationwide. However, businesses operating in New York and New Jersey may also benefit from state trademark registration, which provides additional protections within each state. We advise clients on the right combination of federal and state filings to maximize protection for their brands.