Trade Rules In New York
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FAQ
In some cases, registering a trademark is straightforward and doing it by yourself probably wouldn't raise any issues. If your proposed symbol or mark is inherently unique and the class of goods or services you are registering for is clear, for example, there may not be a need to hire a trademark attorney.
The cheapest way to get a trademark is to file a state trademark application, which is typically less expensive than a federal trademark application.
The process of filing the trademark registration application is fairly straightforward and can be done at the USPTO's TEAS website. But you will quickly find that the on-line application has a variety of potential complications and pitfalls that are perhaps best dealt with by having a trademark attorney deal with them.
Domestic and foreign business corporations are required by Section 408 of the Business Corporation Law to file a Biennial Statement every two years with the New York Department of State.
With trademarks, the entire process can be completed online pretty easily, even if you do it yourself without hiring an attorney. The United States Patent and Trademark Office, or USPTO, provides great self-help and a manageable online interview.
You must have a General Vendor license to sell, lease, or offer to sell or lease goods or services in a public place that is not a store. You do NOT need a General Vendor license to sell: Newspapers, periodicals, books, pamphlets, or other written matter.
Trade secrets in New York are defined as follows: "A trade secret consists of a formula, process, device, or compilation which one uses in his business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it."
There are no fees associated with obtaining a certificate of authority or using a resale certificate. New York takes operating without a certificate of authority seriously: violations could result in a penalty of up to $10,000.
You must apply for a regular Certificate of Authority if you will be making taxable sales from your home, a shop, a store, a cart, a stand, or any other facility from which you regularly conduct your business. It does not matter whether you own or rent the facility.
New York law generally does not favor non-compete agreements, viewing them as unreasonable restraint of trade. As a result, New York courts apply a rigorous standard when deciding whether to enforce these restrictive agreements. The strict standard was demonstrated in Multiplier Inc.
