New York Original Application To Register A Trademark

State:
New York
Control #:
NY-DOS-0241
Format:
PDF
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Description

Original Application To Register A Trademark

The New York Original Application To Register A Trademark is a form used to submit a trademark application to the New York State Department of State's Division of Corporations. The application is used to register a trademark for a business located within the state of New York. The application must be properly filled out and notarized, and can be submitted either electronically or by mail. The New York Original Application To Register A Trademark includes two different types of applications: intent-to-use (ITU) and actual-use (AU) applications. An ITU application is used to register a trademark before it is actually used for business, while an AU application is used to register a trademark that is already in use by a business. Both applications require the applicant to provide the trademark, the type of mark, the date it was first used, and a description of the services or goods associated with the mark. Additional documents may also be required, such as a specimen of the mark and a drawing of it.

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FAQ

Correcting filing errors using online forms Submit the form Voluntary Amendment Not in Response to USPTO Office Action/Letter. Before you can submit this form, you must wait 7 to 10 days after you submit your application form to ensure all your information is available in our database.

You can check the status of your application online at any time by using the Trademark Status and Document Retrieval (TSDR) system. Once your application is filed with us, you'll receive a serial number in your filing receipt.

Should an application fall into an abandoned status at any time during the registration process, a petition fee of $150 is required to revive and resume prosecution of the application.

This page appears at the end of the application after you have entered all your information in the form. To download and save the form data, you must click on the "Download Portable Data" button at the bottom of the Validation Page. The information will be saved to your local drive.

File a Request for Reinstatement form. File your request for reinstatement no later than two months after the issue date of your Notice of Abandonment. If you didn't receive a Notice of Abandonment, file within two months of learning of the abandonment, but no later than six months after the abandonment date in TSDR.

Please mail the completed Application to Register a Trademark together with the filing fee and three specimens of the mark to: New York State Department of State, State Records, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

Filing a Petition To Revive a Trademark If you receive a notice of abandonment or have abandoned your trademark application, you have two months from that date to file a petition to revive the mark. This is done if you unintentionally fail to respond to the original deadline, which you must swear to in court.

If it can't be processed in time, your trademark will be published as is. However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.

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New York Original Application To Register A Trademark