Trademark Resources

Overview

A trademark is any word, name, symbol, or device, or combination of these, adopted and used to identify the goods or services of a business and distinguish them from those offered by others. Trademarks may be:

• registered with the United States Patent and Trademark Office (USPTO),
• registered with state trademark offices or
• left unregistered.

Information on how to register a Federal trademark and answers to many questions about them can be found at the USPTO Trademark Basics page.

Trademark Searches

Searches of trademarks registered with the USPTO may be done at no charge online at the USPTO Web site. They may also be done at no charge at the New York State Library. Staff at the New York State Library can assist you in formulating search strategies and in searching for logos.

New York State Library staff is available to assist you in using the trademark search tools. The staff are not, however, patent or trademark attorneys, and are not qualified to provide legal advice, interpret your search results or strategies, or provide opinions on the viability of a trademark application.

A directory of attorneys and agents registered to practice before the USPTO can be found on the USPTO Web site at Registered Attorney/Agent Search.

A search can be used to:

• find out if a mark you would like to use has already been registered
• generate ideas for the design of a new mark
• determine a trademark's appearance, date of issue, or holding company
• watch for infringement of trademark rights
• collect information in support of litigation
• keep abreast of the introduction of competitive products and services
• find out who owns what

An online tutorial on trademark searching can be found at the Trademark Information Network.

State Trademarks

Trademarks can be registered in New York State at the Miscellaneous Records Unit of the Department of State's Division of Corporations; the telephone number is 518-473-2492.

Detailed trademark information is on the Department of State's Business Express page.

Links to other states' trademark agencies can be found at FindLaw's State Trademark Information.

Other Trademark Resources

New York State Trademarks - Form and Instructions: Registration form and instructions can be found at the NYS Department of State, Division of Corporations.

USPTO Web site: Good starting place for basic information about trademarks. Information on how to apply for a trademark and downloadable trademark forms. Free searchable trademark database with images. Online design search code manual and "Acceptable Identification of Goods and Services Manual." Contact numbers to receive free trademark information packet.