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 skills. We strive to achieve strategic and practical business solutions for our clients. 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 a free consultation 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
A trade name is the legal name of a company, corporation, business, or organization. A trade name is synonymous with company name or business name. Essentially, it is the name you will utilize when forming a business entity and the name you will register under in your state or county. You may search the database of most offices of Secretary of State, to determine whether another entity is doing business under the same name and to ascertain whether this business/trade name is available for your use in commerce.
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, “Nike” is both a trade name (the Nike corporation was formed May 30, 1971) and a trademark. If you conducted a search in the United States Patent & Trademark Office database you would find multiple trademarks for the term “Nike” for products such as athletic sportswear, footwear, apparel, watches, sports gear, etc. However, other companies choose to maintain a separate corporate name and do not register that name as a trademark.
Once you form your business entity and register the entity with the office of the Secretary of State you are entitled to use the name as a trade name, but not as a trademark. What this means is that you can use the trade name with your business address on letterhead, business cards, invoices, or a company website. But you cannot market your goods and/or services under the trade name as a brand. The criterion used to clear a trade name/business name is entirely different from the clearance process for a trademark. However, if you conduct the proper due diligence and clearance for your trade name to be used as a trademark, then it can function in both capacities. It should be noted that the majority of the top ranked brands do use their company names as trademarks or a variation thereof.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 a free consultation 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.