Frequently Asked Questions

A trademark is a form of intellectual property used to identify and distinguish the source of the goods and services represented by the trademark. You can see a trademark as being a form of letters, words, logos, pictures, a combination of these, slogans, product shapes, or even sounds. In short, almost anything can be a trademark if it identifies the source of a particular good or service.

Trademarks protect your brands; it is put in place to make sure a consumer knows who is providing the goods and services the consumer is buying. Copyrights protect original works of authorship; examples of where you can find copyrights are books, songs, drawings, or anything in general that is originally created and has a sense of authorship. Patents protect inventions.

Cordero Law offers services in trademark and intellectual property law, offering services including trademark registration, protection, and enforcement strategies tailored to your business needs.

Cordero Law is conveniently located at 1330 Avenue of the Americas, Suite 23A, New York, NY, offering easy access for clients seeking legal assistance in IP law. While we are certainly available to meet you in person, most of our services are done remotely and we are only available in person by appointment only. 

We assist with comprehensive trademark searches, filings, and monitor your trademark to safeguard it against potential infringements, ensuring robust protection of your brand.

The process involves conducting a thorough search, preparing and submitting the application, and responding to any office actions until the trademark is registered.

Registering your trademark with the United States Patent and Trademark Office has many benefits. These benefits are national protection and an increase in the overall strength of your brand. With regards to national protection, registering your trademark with the USPTO gives you exclusive right to use your trademark nationwide. For example, if you register a trademark for a service you provide in New York, you can stop a person in Texas from using your trademark to sell a similar service. On top of that, you get to build a stronger brand. Don’t spend valuable time and resources to promote a brand you do not own.

Extremely important. Doing a search before you register a trademark allows you to do a few things. On the one hand, it will enable you to know what else is out there that is protected so if your potential application is going to conflict with one of these existing applications it can save you a lot of time and resources to do a search before to decide as to whether or not you should even apply. Just because by doing a search, you can make sure that the money you are going to be investing in your brand is going to be worth it.

A trademark can last for an indefinite period. As long as you are continually using your trademark, you can get the benefits of trademark protection. However, from time to time, you are going to have to show the USPTO that you are still using it. They require you to update them periodically to make sure you still deserve this protection, and you are not tying it up for someone else to use it. 

The © symbol is used for copyrights. Trademarks, although they are not required to do so, will sometimes display a TM or ® symbol next to the trademark. These represent the current status of the trademark. A TM symbol will indicate that the holder of this trademark is claiming trademark protection over that particular trademark. However, when you see a ® symbol, that means the trademark is registered with the USPTO and indicates to others that you have the strongest protections in place with that trademark.

If somebody starts using your trademark, the first thing that you would need to do is figure out if they have the right to use that trademark. Depending on how the use is being done, they might have a trademark that is different than how you are using it, and therefore they would be entitled to use it. Assuming the person doesn't have the right to use it, the first thing that you can do is send a cease and desist letter. A cease and desist letter informs the recipient your rights are being infringed upon and allows the infringer to stop using it. If the cease and desist letter does not pan out, then the next step might be to file a lawsuit.