New York’s Trademark Attorneys

Your Brand Is Under Attack – Fight Back with Horn Wright, LLP

Building a brand takes time, effort, and a whole lot of creativity. But what happens when someone swoops in and starts using your name, logo, or slogan? Suddenly, everything you've built is at risk. Trademark disputes aren’t just frustrating—they can threaten your entire business. 

At Horn Wright, LLP, we help businesses in New York protect their brands, enforce their rights, and fight back against infringement. Our experienced trademark attorneys know the ins and outs of intellectual property law, and we won’t back down when your business identity is on the line.

Your Business Identity Is at Risk – Here’s How to Lock It Down!

Think of your brand as your business’s fingerprint, completely unique and vital to your success. Now imagine someone else copying it. Whether it's a similar logo, a nearly identical name, or a knockoff slogan, brand confusion can erode customer trust and hurt your bottom line. The good news? You can take action.

• Register your trademark to gain exclusive rights and prevent others from using your brand elements.
• Monitor your brand to catch potential infringements before they cause damage.
• Enforce your rights through cease-and-desist letters, negotiations, or litigation if necessary.

If you're operating in New York without trademark protection, you’re leaving your business vulnerable. Don’t wait until it’s too late. The sooner you establish ownership by speaking with the intellectual property attorneys at Horn Wright, LLP, the easier it is to prevent others from profiting off your hard work.

Think Your Logo Is Unique? You Might Be Dead Wrong.

You poured time and money into designing a logo that represents your business. But are you sure it’s truly original? Every year, countless business owners find out the hard way that their logos are too similar to existing trademarks. And when that happens, lawsuits follow.

Before you launch your brand, you need to conduct a thorough trademark search. This ensures your logo doesn’t infringe on an existing mark. If you skip this step, you could face:

• Costly rebranding if you're forced to change your logo after launch.
• Legal disputes that drain time and resources.
• Loss of goodwill as customers get confused by similar branding.

A trademark search and proper registration can save you from these headaches. Even if you think your design is original, minor similarities could lead to legal trouble. Protecting your brand starts with due diligence.

Can You Trademark a Common Word? The Surprising Truth

It sounds strange, but yes, you can trademark common words under certain conditions. The key is distinctiveness. Apple, for example, is a common word, but when used to sell computers, it became a famous trademark. The more unique your use of a word, the stronger your trademark case.

But there are limits. Generic words (like "Coffee" for a coffee shop) can't be trademarked. Descriptive terms (like "Fresh Baked" for a bakery) can be harder to protect unless they develop distinct recognition. If you're unsure whether your business name qualifies for a trademark, it’s best to get legal advice before moving forward.

Understanding what can and can’t be trademarked is must-know knowledge for building a strong brand. A legally protected name can set your business apart and give you exclusive rights to market under it.

Registered vs. Unregistered Trademarks – What You Don’t Know Could Cost You

Many businesses assume that once they start using a name or logo, they automatically own the rights to it. Not quite. While common law trademarks exist, they offer limited protection. If you don’t register your trademark with the U.S. Patent and Trademark Office (USPTO), you could be setting yourself up for problems.

Why registration matters:

• Stronger legal protection – A registered trademark gives you nationwide rights, not just local ones.
• Easier enforcement – You can take legal action against infringers more effectively.
• Higher business value – A trademark increases the value of your brand if you ever sell or license it.

An unregistered trademark might be better than nothing, but it won't fully shield your brand from legal challenges. Registration makes enforcement easier, provides broader protection, and can prevent costly legal battles before they even start.

Accidentally Stole a Trademark? Here’s What Happens Next

No one wants to be on the wrong side of a trademark dispute, but mistakes happen. Maybe you launched your business without realizing another company already owns the rights to your name. Maybe your logo is just a little too close to someone else’s. What now?

First, don’t panic. Trademark disputes can often be resolved without going to court. Your options may include:

• Negotiating a coexistence agreement if the brands can operate without confusion.
• Rebranding to avoid further legal trouble.
• Fighting the claim if you believe you have prior rights or the other party’s mark isn’t valid.

Getting hit with a cease-and-desist letter isn’t the end of the world, but how you respond is critical. Consulting a trademark attorney can help you navigate your next steps. Quick, strategic action can often turn a potential disaster into a manageable situation.

Want a Trademark? Buckle Up – Here’s the Process

Securing a trademark isn’t as simple as just filling out a form. The process involves multiple steps, and missing even one can lead to rejection or delays. Here’s a basic breakdown:

1. Trademark search – Ensure your mark isn’t already in use.
2. Filing an application – Submit your trademark with the USPTO, detailing its use.
3. Examination period – A government attorney reviews your application.
4. Publication for opposition – Others have a chance to challenge your trademark.
5. Final registration – If no opposition arises, your mark is officially registered.

This process can take months, sometimes over a year. But a properly filed trademark gives your brand the legal protection it needs. If you're serious about safeguarding your business, it's worth the effort to speak with the attorneys at Horn Wright, LLP.

Mistakes in the filing process can result in costly delays or outright rejections. Working with a trademark attorney can ensure your application is handled correctly from the start, making the process smoother and more efficient.

The Trademark Search That Could Save You Thousands

Before you spend money on branding, marketing, and product development, there's one step you can't afford to skip: a comprehensive trademark search. Imagine launching your dream business, only to get hit with a lawsuit because your name is already taken. That mistake could cost you thousands in legal fees, rebranding costs, and lost business. A trademark search ensures your brand is legally available and protects you from infringement claims down the road.

A proper search isn’t just a quick Google lookup. It involves checking:

• The USPTO database for registered trademarks
• Common law trademarks (unregistered business names and logos)
• Domain names and social media handles
• International trademark registries (if you plan to expand globally)

A professional trademark attorney at Horn Wright, LLP, can conduct a deeper search and spot potential conflicts that could lead to rejection or legal trouble. Don’t risk building a brand on shaky legal ground: do the search first!

Global Brand Domination – How to Trademark Worldwide

Expanding internationally? Your U.S. trademark won’t protect you overseas. If you want true brand dominance, you need to secure trademarks in every country where you plan to do business. But the process isn’t as simple as filing one universal application. Different countries have different rules, and some operate on a first-to-file basis—meaning someone else could legally take your brand before you get there.

The best way to protect your brand worldwide is to:

• File under the Madrid Protocol, which covers over 120 countries with one application.
• Register directly in key markets like China, Canada, the EU, and the UK.
• Work with an attorney who understands international trademark laws.

Without international protection, you could face costly legal battles or even lose the right to use your own brand in another country. Act early and secure your global presence.

Someone Stole Your Brand Name – Now What?

Few things are more frustrating than discovering another business is using your brand name. If someone is infringing on your trademark, you have options—but you need to act fast. The longer you wait, the harder it becomes to enforce your rights.

First, gather evidence of their use. Take screenshots, keep records, and document any confusion caused by the infringement. Then, consider these steps:

• Send a cease-and-desist letter demanding they stop using your name.
• File a complaint with online platforms if they’re using it on websites or social media.
• Take legal action, which may include filing a lawsuit or seeking an injunction.

Trademark rights are all about enforcement. If you don’t protect your brand, you risk losing exclusive rights to it. Our skilled attorneys are ready to handle your case from the moment you call.

Trademark Costs: Are You Ready for the Sticker Shock?

Trademarking your brand isn’t free, and the costs might surprise you. While a basic USPTO application starts at around $250 per class, the true cost of securing and protecting your brand can be much higher.

Here’s what you should budget for:

• A thorough trademark search: $300-$1,000 (if done professionally)
• USPTO filing fees: $250-$350 per class
• Legal fees for filing and monitoring: $1,000-$3,000
• International trademarks: Costs vary by country but can run into thousands
• Enforcement costs (if someone infringes on your mark): Can be substantial

While these costs add up, they’re nothing compared to the expense of rebranding or fighting an infringement lawsuit. Investing in trademark protection upfront can save you money and headaches in the long run.

Caught Someone Using Your Brand? Here’s How to Shut Them Down

If another business is profiting off your brand, you don’t have to sit back and take it. Trademark law gives you the right to shut them down, but how you proceed depends on the situation.

First, determine if their use is actually infringing on your rights. If it is, your options include:

• Sending a cease-and-desist letter
• Filing a complaint with online marketplaces (Amazon, eBay, etc.)
• Taking legal action to force them to stop

If you act quickly, you can prevent further damage to your brand and reputation. But ignoring the problem can weaken your trademark rights. Enforcement is key to maintaining your brand’s exclusivity.

Can You Sue If Someone in Another Industry Uses Your Trademark? The Answer Might Surprise You

Trademark protection isn’t always universal. If another business in a different industry starts using your trademarked name, you may or may not be able to stop them. It all depends on the concept of "likelihood of confusion."

Generally, you can sue if:

• The other company’s use causes consumer confusion.
• They operate in a related industry where customers might assume a connection.
• Your trademark is "famous," meaning it’s well-known across different industries.

However, if the industries are completely unrelated, you might not have a case. That’s why companies like Dove soap and Dove chocolate can coexist. A trademark attorney can help you determine if you have legal grounds to take action.

Protect Your Brand with Horn Wright, LLP

Trademark law is complex, but you don’t have to handle it alone. At Horn Wright, LLP, we help New York businesses secure trademarks, enforce their rights, and resolve disputes. Whether you're registering a new trademark or defending an existing one, our team is ready to fight for you.

Your brand is more than just a name or a logo—it's your reputation, your hard work, and your future. Don't leave it unprotected. 

Contact Horn Wright, LLP, today and take the first step toward securing your business identity for years to come.