Throughout, New York, Connecticut and New Jersey, the lawyers at the Law Offices of Joseph C. Messina offer a wide variety of technical legal services for business and corporate clients who are looking for sophisticated representation to protect their image, trademark(s) and other intellectual property. We are known for our professional, courteous and personalized counsel as well as aggressive negotiation and litigation skills. Not only do we have decades of experience, we stay abreast of all current changes to the law and policy.
We invite you to learn more about our firm and our practice, by contacting us today and scheduling an appointment at our Mamaroneck office or a teleconference by calling us at 914-381-2728 or Send us an e-mail.
The Benefits We Offer to Corporate Clients
At the Law Offices of Joseph C. Messina, we offer extensive knowledge and personal tailored service to corporate clients regarding:
- State and federal trademark registrations
- Trademark and trade name questions
- International trademark applications and protections
- Domain name protection and counsel
- Copyright registration and counsel
- Intellectual property issues
Whether you are an entrepreneur looking to register one Mark or you are a company that has a portfolio of trademarks that need comprehensive protection, we know how to help you quickly and proactively. We spend a tremendous amount of time, attention and detail on each of our clients in order to ensure we know every aspect of your business and so we can ensure that we are helping you meet or exceed your goals. We also offer flat fee and hourly fee structures, giving you flexibility depending on your needs and the details surrounding the assistance you require.
At our firm, you will not be shifted to a paralegal or someone who only tangentially knows about trademark law. We offer senior level counsel to all of our clients, and our legal knowledge extends beyond just trademark law. Our New York intellectual property and corporate attorneys are also well versed in business law and corporate law, which we use to facilitate communications with our corporate clients when it comes to setting up corporations, structuring business deals, executing licensing agreements, assignments, or other contracts.
Helping Businesses With Trade Names and Trademarks
Is a trade name the same as a trademark? What is the difference between the two terms? Should I trademark my business name? We are here to answer these questions and provide counsel regarding the best strategy to help protect your business.
Trade name is the official legal name of your business entity. This name appears on the incorporation papers and will appear if someone searches the Department of State business registry. A trade name can be used to open bank accounts, obtain business credit cards, and this name is the one you use to pursue or defend a claim in court.
On the other hand, a trademark, is any word, design, slogan, sound or symbol that serves to identify the source of goods or services (service mark). Not every trade name (or business name) may be trademarked. You should trademark your trade name only if you use it in commerce to advertise, promote or identify the source of goods or services that your company produces or provides.
For example, Google is both a trade name (there is a Delaware corporation called "Google") and a trademark (because Google puts its name on its products and services to identify the source). On the other hand, TJ Maxx is a trademark for retail department store services, but is not a trade name. The actual name of the company is TJX Operating Companies, Inc., which is its trade name.
Just having the company trade name registered with the New York Department of State as a name of your business does not afford you protection against a third party using the same name as a trademark. For example, if person A started marketing his widgets under the name "Widgetopia" in New York in 2000 without forming a legal entity, then person B could form a legal entity "Widgetopia" and register it with New York State in 2004. This is possible because in the New York Department of State registry the name is still available.
However, person B would not be able to use this name as a trademark to identify the source of widgets because person A already uses this name for this purpose and has a common law trademark. The reverse may also be true. If person A registered his business in New York State under the name "Widgetopia" in 2000, there may be an argument made that if person A does not use this name as a trademark, then the name may be available to person B wishing to use it as a trademark to advertise and sell widgets or some other product. We can help you avoid this problem and other issues that might arise.
Contact the New York Trademark Attorneys at the Law Offices of Joseph C. Messina
Send us an e-mail or call our office at 914-381-2728 to schedule an appointment with a New York trademark lawyer. We work with individuals and businesses throughout a variety of areas, including New York, Westchester County, Stamford, Connecticut, and across the nation.
