News & Insights

Worst Legal Mistakes made by Startups near NYC

When you decide to launch your startup near NYC, your attention is focused on creating the perfect product, hiring the best employees, and finding office space in just the right location. Legal issues are the last thing on your mind, but without proper attention, these can lead to costly litigation later. These are some of the worst legal mistakes startups make in New York and how you can avoid them.

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What Are Your Trademark Rights?

trademark written in a brand strategy book for NJ trademark attorney

A trademark is a symbol, design, word, or phrase that distinguishes one business’s products from another. A service mark is a symbol, design, word, or phrase that distinguishes one business’s services from another. The term “trademark” is commonly used to refer to both trademarks and service marks in the United States. Trademarks have common-law rights, but a business may also choose to federally register its trademark for enhanced protection.

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Things Your Startup Must Know About IP

When you found a startup, you have a lot on your mind at the beginning — hiring the right employees, attracting customers, choosing an office space — and you may not think about how your intellectual property (IP) affects your ability to do business. IP, however, is your startup’s most valuable asset, and as a startup founder, you need to be mindful of how it is used and who can claim ownership of it.

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How Long Does It Take To Get A Trademark?

The question, “how long does it take to get a trademark,” comes up quite often during our initial brand protection consultations. The short answer is; it depends. Perfect applications are rare. While we have filed applications that were registered in less than 7.5 months, the norm is closer to 9 months.

Each Examiner reviews an application subjectively, so it’s impossible to predict how they will scrutinize any individual application. Trademark law is a niche field and trademark applications are technical. An application could have any number of minor defects that are easily curable, such as:

  1. an insufficient specimen;
  2. insufficient identification of the goods/services; and/or
  3. filing an application in the wrong class.

Alternatively, an application filed by an inexperienced individual could be flawed in a way that would force the individual to abandon their application altogether.

U.S. citizens do not need to work with a trademark lawyer to apply for a trademark. However, it is highly recommended to do so. Additionally, a USPTO regulation from August 2019 requires foreign applicants to work with a U.S. licensed attorney. Trademark law is always changing. Using a lawyer who’s up-to-date on the latest trends and guidelines could help you save time and money.

How Long Does It Take To Get A Trademark?

Timeline showing how long it generally takes to get a trademark