Law Firm for Entrepreneurs
Trademark Attorney in New York City
Trademark Law
Protect Your Brand Before Someone Else Does
Your brand is the most recognizable asset your business owns. A federal trademark is how you protect it — permanently, nationwide, and legally.
Every day, entrepreneurs invest in names, logos, and brand identities that they cannot legally protect — because they have not yet registered a trademark. Forming a LLC does not protect your brand. Registering your domain name does not protect your brand. Building a social media following does not protect your brand. Only a federally registered trademark gives you exclusive, enforceable rights to your mark across the United States.
Ankhi-Krol Law is a boutique New York City trademark law firm dedicated to helping startups, entrepreneurs, and small businesses in fashion, beauty, the creative industry, the pet industry, and beyond secure and protect their brands through the United States Patent and Trademark Office ("USPTO") trademark registration process. Attorney Shahrina Ankhi-Krol, Esq. — a nine-time Rising Star Super Lawyer — personally manages every trademark matter, from initial clearance search through final registration certificate.
This page explains everything you need to know about trademark protection for New York businesses: what it covers, how the process works, the costs, what can go wrong, and why the attorney you choose matters more than most people realize.
Ready to register your trademark?
Ankhi-Krol Law offers flat-fee trademark services for New York entrepreneurs.
What Is a Trademark — and What Can It Actually Protect?
A trademark is a legal designation that identifies the source of goods or services and distinguishes your brand from every other business in the marketplace. In the simplest terms: a trademark is what tells consumers who made something.
Federal trademark law in the United States is governed by the Lanham Act. Under this framework, a trademark can protect a wide range of brand identifiers:
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Business names and brand names (word marks)
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Logos, graphic marks, and stylized versions of your name (design marks)
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Taglines, slogans, and catchphrases
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Product names and service names
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Distinctive colors, sounds, and product packaging, in some cases (trade dress)
Trademark protection is source-specific and category-specific. This means your trademark protects your mark in the specific classes of goods or services you register it in. Two businesses in entirely different industries can sometimes share similar names — but a trademark gives you the legal right to challenge confusingly similar marks in your market space.
What a Trademark Does NOT Protect
Understanding the limits of trademark protection is just as important as understanding what it covers.
If you are uncertain whether your mark is eligible for trademark protection, a clearance search and analysis by a qualified New York trademark attorney is the right first step — before you invest further in building a brand around an unprotectable name.
At a Glance: What Trademark vs. Other IP Protects
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Trademark — Protects brand identifiers: names, logos, slogans that identify your business
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Copyright — Protects original creative works: writing, art, photography, music, video
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Patent — Protects inventions, functional designs, and processes
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Trade Secret — Protects confidential business information kept private
Why Federal Trademark Registration Matters More Than Most Entrepreneurs Realize
Many business owners believe they are already protected — because they formed an LLC with their business name, registered a DBA, secured a domain, or have been using their mark in the marketplace for years. None of these things provide trademark protection.
Federal registration through the USPTO creates a completely different level of legal protection.
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Nationwide priority — Your rights extend across all 50 states from your application filing date, regardless of where you are physically using the mark. Common law rights cover only the geographic area where you actually do business.
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The registered trademark symbol ® — Only federally registered trademark owners may use the ® symbol. Using it without a registration is a federal violation. The ® symbol signals to competitors, counterfeiters, and copycats that your mark is legally protected.
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Constructive notice — Your registration creates a public record in the USPTO database. Anyone who later attempts to use a confusingly similar mark is legally presumed to have known about your registration — even if they claim they had never heard of your brand.
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Federal court access — Trademark infringement lawsuits for registered marks are filed in federal court, where statutory damages (up to $2,000,000 for willful infringement per mark per category of goods), attorney's fees, and injunctive relief are available.
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US Customs and Border Protection — A registered trademark can be recorded with US Customs, allowing federal agents to detain and seize infringing goods at the border. This is a particularly powerful tool for fashion, beauty, and consumer product brands.
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International registration as a foundation — A US federal registration can serve as the basis for registering your trademark in foreign countries through international treaties, including the Madrid Protocol.
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Blocking infringing applications — USPTO examining attorneys use registered marks to reject new applications that would create consumer confusion. Your registration becomes a shield that blocks competitors from registering confusingly similar marks.
Your business name is not protected until you register it.
Ankhi-Krol Law handles the full USPTO trademark process for entrepreneurs.
The USPTO Trademark Registration Process — Step by Step
Registering a trademark with the United States Patent and Trademark Office is not simply filling out a form. It is a multi-step legal process that, when executed correctly, results in one of the most durable forms of intellectual property protection available to a business. Ankhi-Krol Law manages this entire process on your behalf.
Step 1: Comprehensive Trademark Clearance Search
Before filing anything, a thorough trademark clearance search is essential. This is not the same as a quick search on Google or checking whether a domain name is available.
The purpose of a clearance search is to identify potential conflicts before you build further equity in a brand — and before you spend money on a USPTO filing that may be rejected or challenged. Discovering a conflict after years of investment is far more costly than discovering it before you file.
Clearance search results require legal analysis, not just a list of results. Determining whether an existing mark creates a genuine conflict involves evaluating the similarity of the marks, the similarity of the goods and services, and the likelihood of consumer confusion — a nuanced analysis that benefits from legal expertise.
Step 2: Identifying the Correct Trademark Classes
The USPTO organizes trademarks into 45 international classes of goods and services. Your application must identify the specific class or classes that correspond to your business. Filing in the wrong class, or failing to include all relevant classes, creates gaps in your protection.
Each class filed incurs a separate USPTO government filing fee. Ankhi-Krol Law will ensure that you file in all necessary classes without paying for classes that do not apply to your business.
Step 3: Preparing and Filing the USPTO Application
The USPTO trademark application must be filed through the USPTO's Trademark Center online system. There are two primary application forms:
Beyond the form selection, the application requires: a clear specimen showing your mark in actual commercial use (or a bona fide intent-to-use declaration), a precise description of the mark, identification of all goods and services covered, and accurate ownership information. Errors in any of these elements can delay, complicate, or derail your application.
Step 4: USPTO Examination
After filing, your application is assigned to a USPTO examining attorney — an attorney employed by the USPTO whose job is to review your application for legal sufficiency and potential conflicts with existing marks. This examination process currently takes approximately 5 to 8 months from filing.
If the examining attorney approves your application, it moves to publication. If the examining attorney has concerns, they issue an Office Action.
Step 5: Responding to USPTO Office Actions
An Office Action is a formal letter from the USPTO examiner identifying issues with your application that must be addressed before registration can proceed. Receiving an Office Action is common and does not mean your application will be denied — but it requires a timely, well-crafted response.
The most common grounds for Office Actions include:
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Likelihood of confusion with an existing registered mark (the most frequent refusal)
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Descriptiveness — the mark is too descriptive of the goods or services to function as a trademark
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Merely ornamental — for design elements, the mark is deemed decorative rather than source-identifying
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Specimen issues — the evidence submitted showing the mark in use does not meet USPTO requirements
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Identification of goods and services needs clarification
Office Action responses must be filed within three months of the Office Action issue date (with a possible extension to six months for an additional fee). Responses to substantive refusals require legal argumentation, often including evidence and case citations.
Ankhi-Krol Law has extensive experience crafting effective Office Action responses across all categories of refusal.
Step 6: Publication in the Official Gazette
Once the examining attorney is satisfied with your application, your mark is published in the USPTO's Official Gazette — a weekly publication that gives the public 30 days to oppose your registration. Any party who believes your mark would harm their existing rights may file an opposition during this window.
If no opposition is filed, your application proceeds directly to registration (for use-based applications) or a Notice of Allowance (for intent-to-use applications, which require a subsequent filing showing the mark has been placed in commercial use).
Step 7: Registration Certificate
Upon completion of the examination, publication, and use requirement, the USPTO issues a Certificate of Registration — the official document confirming your trademark rights. This certificate is the foundation of your brand's legal protection.
USPTO Trademark Registration: Current Timelines (2026)
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Examination wait time: approximately 5 to 8 months from filing
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Total registration timeline: approximately 12 to 18 months (no conflicts or Office Actions)
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USPTO processing is longer if Office Actions are issued — budget 6 to 12 additional months
Trademark Maintenance and Renewal: Keeping Your Registration Alive
A federal trademark registration does not last forever automatically. There are mandatory post-registration filings required to keep your registration active:
Between Years 5 and 6 — Section 8 Declaration of Use: You must file a declaration confirming you are still using the mark in commerce in connection with the registered goods and services, along with a current specimen showing active use.
Between Years 9 and 10 — Combined Section 8 and 9 Renewal: This combined filing renews your registration for an additional 10-year term and confirms continued use.
Every 10 Years Thereafter — Combined Section 8 and 9: The renewal cycle repeats every decade for the life of the registration, provided the mark remains in active commercial use.
Section 15 Declaration of Incontestability (Optional but Powerful): After five years of continuous use following registration, you may file a Section 15 declaration making your mark incontestable — significantly strengthening its legal standing and making it far more difficult for third parties to challenge.
Missing a maintenance deadline can result in cancellation of your registration — and the loss of all the rights associated with it.
Ankhi-Krol Law helps clients with the filing of maintenance documents.
Trademark Infringement: What to Do When Someone Uses Your Mark
Trademark infringement occurs when another party uses a mark in commerce that is confusingly similar to yours in connection with similar goods or services. If you discover what appears to be infringement, the order of your response matters.
Assess the Strength of Your Position
Not every similar name or logo is legally actionable infringement. The key legal question is likelihood of confusion — would a typical consumer be confused about the source of the goods or services? This analysis considers the similarity of the marks, the similarity of the products or services, the channels of trade, the sophistication of consumers, and the strength of the original mark.
Having a federal trademark registration strengthens your position significantly. Registration creates a legal presumption of validity and nationwide priority — both powerful advantages in an infringement dispute.
Your Options
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Cease-and-Desist Letter: A formal written demand from an attorney requiring the infringing party to immediately stop using the mark. Cease-and-desist letters are often the most efficient first step — many infringers comply, particularly when they were unaware of your registration, because continuing after notice of a registered mark creates willfulness, which multiplies available damages.
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Negotiated Resolution or Licensing: In some cases, the parties can reach a coexistence agreement or a licensing arrangement that allows both parties to operate under defined terms. This is appropriate where both parties have legitimate but overlapping interests, or where full litigation would be disproportionate to the harm.
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TTAB Opposition or Cancellation: If the infringing party has filed or obtained a trademark registration for a conflicting mark, you may file an opposition (during the 30-day publication period) or petition for cancellation through the Trademark Trial and Appeal Board (TTAB).
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Federal Court Litigation: For serious, commercial-scale, or willful infringement, a civil lawsuit in federal court may be necessary. Available remedies include injunctions, actual damages, disgorgement of profits, statutory damages, and attorney's fees in exceptional cases.
There may be some out-of-the-box creative resolution available for your specific situation. The appropriate response depends on the severity of the infringement, the strength of your registration, the financial stakes, and the identity of the infringing party. Ankhi-Krol Law advises clients on the most strategic and proportionate response for their specific situation.
Trademark Registration for New York's Creative and Specialty Industries
What separates Ankhi-Krol Law from other New York City trademark firms is not just legal expertise — it is genuine, practiced knowledge of the industries most of our clients operate in. Attorney Shahrina Ankhi-Krol works daily with entrepreneurs in fashion, beauty, the pet industry, and the creative sector, and she understands the specific trademark challenges and opportunities each industry presents.
Trademark Registration for Fashion Brands
In the fashion industry, brand identity is both a business asset and a competitive weapon. The name on the label, the logo on the tag, the look of the packaging — these are what consumers pay for, sometimes at significant premiums. Protecting them through trademark registration is not optional for a fashion business serious about growth.
Fashion businesses commonly need to consider trademark registration across multiple classes simultaneously: Registering only in one class while operating across several may leave meaningful gaps in your protection.
Fashion brands also face specific challenges around design mark protection, trade dress protection for distinctive packaging and product presentation, and the speed at which fast-fashion imitators can replicate a successful look. Early trademark registration — ideally before or at launch — provides the legal foundation to respond when imitation occurs.
Ankhi-Krol Law has advised fashion designers, apparel brands, influencer-led labels, and fashion-adjacent creative businesses on trademark registration, infringement response, and brand protection strategy.
Trademark Registration for Beauty Businesses
The beauty industry is one of the most brand-driven markets in the United States. Consumer loyalty in beauty is overwhelmingly connected to brand identity — the name, the logo, the product line names, the brand story. In a market saturated with competitors and susceptible to product name copying, trademark registration is a foundational business asset.
Beauty businesses typically need trademark protection across multiple categories depending on their product and service mix.
Ankhi-Krol Law advises beauty entrepreneurs, cosmetic brands, estheticians, salon owners, and beauty product developers on how to structure trademark protection across their product and service lines — from the brand name down to individual product names that have acquired market recognition.
Trademark Registration for the Pet Industry
Attorney Shahrina Ankhi-Krol is one of the most recognized legal voices in the pet industry — having presented at Barkleigh, Intergroom, the International Boarding and Pet Services Association ("IBPSA"), Pet Sitters International (PSI), Pet Care Start Up, Pet World Insider, BlogPaws, and Women in the Pet Industry. This is not background knowledge. It is deep, practiced expertise.
Pet businesses — groomers, trainers, boarding facilities, pet sitters, pet product companies — face trademark challenges specific to their market. Brand names in the pet industry are frequently similar by nature of the vocabulary (words like paw, fetch, bark, and rescue appear across thousands of businesses). Conducting a thorough clearance search before naming a pet business is particularly important — and securing a federal trademark registration is how a pet brand earns the legal right to defend its identity as the market grows around it.
Ankhi-Krol Law handles trademark registration for pet service businesses, pet fashion brands, pet product companies, pet food brands, pet boarding facilities, and pet-adjacent wellness and technology companies nationwide.
Trademark Registration for Creative Professionals, Influencers, and
Content Creators
The creator economy has produced an entire class of entrepreneurs whose primary asset is a personal brand — a name, a handle, a logo, a visual identity that their audience recognizes and follows. That brand is a trademark asset, and it is protectable.
Influencers, content creators, bloggers, podcasters, artists, photographers, and entertainers who have built significant audience recognition around a personal brand should consider federal trademark registration — not as a formality, but as the legal instrument that gives them the exclusive right to commercialize that identity.
Ankhi-Krol Law helps creative professionals identify the right International Classes and build trademark portfolios that protect and scale with their business.
Work in fashion, beauty, the pet industry, or the creative space?
Ankhi-Krol Law brings industry-specific trademark expertise that most NYC firms simply do not have.
Trademark Symbols: The Difference Between TM, SM, and the ®
Confusion about trademark symbols is common among entrepreneurs. Here is what each one means and when you can lawfully use it:
TM (trademark symbol) — Can be used by any business to claim rights in a mark being used to identify goods, even without a federal registration. Using TM puts the public on notice that you are claiming trademark rights. It does not require any filing or approval.
SM (service mark symbol) — The same as TM but used specifically for services rather than physical goods. The legal distinction between trademarks and service marks has little practical significance in most contexts — both are registered through the same USPTO process.
R in a circle (registered trademark) ® — May only be used after the USPTO has granted a federal trademark registration. Using the ® before registration is complete — even after filing but before registration — is a federal violation that can adversely affect your trademark rights. Once registered, using the ® puts the entire world on notice of your registration.
Do You Need a Trademark Attorney to File?
The Honest Answer.
The USPTO allows US citizens to file trademark applications without an attorney (called pro se filing). The question is not whether you can — it is whether doing so serves your interests.
The USPTO's own data is instructive. Applications filed by attorneys have substantially higher approval rates than pro se applications. The most common failure points — likelihood of confusion analysis, specimen quality, identification of goods and services, and Office Action responses — all require legal judgment that goes beyond form completion.
Consider what is at stake. A federal trademark registration protects your brand indefinitely, nationwide, and against competitors who might otherwise build equity in confusingly similar marks. The filing fee alone is a non-refundable investment. An application denied for an avoidable reason — a poor clearance search, an insufficient specimen, or an inadequate response to an Office Action — costs the filing fee and the time it took to build the brand.
Even the USPTO website advises to hire a qualified trademark attorney to handle your trademark applications.
Working with a qualified NYC trademark attorney does not just increase your odds of a successful registration. It ensures your registration is structured correctly — with the right classes, the right description of goods and services, and the right scope of protection — so that when you need to enforce it, it holds up.
Why New York Entrepreneurs Choose Ankhi-Krol Law for
Trademark Registration
There is no shortage of trademark attorneys in New York City. Here is what makes Ankhi-Krol Law different — not in marketing language, but in specific, verifiable terms:
Nine-Time Rising Star Super Lawyer — Attorney Shahrina Ankhi-Krol has been recognized as a Rising Star Super Lawyer for nine years — an honor awarded to fewer than 2.5% of attorneys in New York State. This is peer-recognized, independently verified achievement, not self-designation.
Boutique practice means personal attention — At Ankhi-Krol Law, Ms. Ankhi-Krol personally handles every trademark matter. You are not handed off to junior associates or paralegals for the parts that matter. Your case, your attorney, from clearance search to registration certificate.
Industry expertise that larger firms do not have — Fashion. Beauty. Pet industry. Creative professionals. These are not add-on practice areas for Ankhi-Krol Law — they are the communities this firm was built to serve. That expertise translates to trademark strategies that account for how your industry actually works.
Flat-fee and transparent pricing — Ankhi-Krol Law offers flat-fee trademark services so you know the cost before you commit. No surprise billing. No hourly estimates that expand unexpectedly.
Over a decade of New York City trademark experience — Since 2012, Ankhi-Krol Law has helped entrepreneurs across New York and nationwide protect their brands through federal trademark registration.
Responsive communication — Clients consistently note that Ms. Ankhi-Krol answers communications promptly and personally. In a legal service context, responsiveness is not a courtesy — it is a professional standard.
Frequently Asked Questions — Trademark Attorney New York City
How long does trademark registration with the USPTO take?
Federal trademark registration through the USPTO currently takes approximately 12 to 18 months from the date of filing under typical circumstances — assuming no conflicts are found and no Office Actions are issued. The USPTO's examination stage alone takes approximately 5 to 8 months. If an Office Action is issued, the total timeline extends depending on how many rounds of examination are required. Complex applications involving likelihood-of-confusion refusals or required evidence submissions can take two years or more. The sooner you get started, the better!
How much does it cost to register a trademark?
Attorney fees for trademark services vary based on the complexity of the matter. Ankhi-Krol Law offers flat-fee trademark services so you do not have any surprise costs.
The current filing fees are as follows:
TEAS Plus ($250 per class as of 2025) — The lower-cost option, which requires identification of goods and services using pre-approved USPTO descriptions and acceptance of all pre-set application requirements. Strict compliance is required; any deviation from approved descriptions triggers additional fees.
TEAS Standard ($350 per class as of 2025) — Allows more flexibility in describing your goods and services, which is often necessary for businesses with unique or nuanced offerings. The higher filing fee buys flexibility in how your mark's coverage is described.
Contact us to discuss the specific cost for your application(s).
Is a State trademark registration the same as a federal trademark registration?
No — these are completely separate registrations that provide different levels of protection. A State -specific trademark registration provides protection only within the borders of New York State, is administered by the State.
A federal USPTO registration provides nationwide protection across all 50 states and US territories, is administrated by the USPTO, and provides significantly stronger legal protections including access to federal court, customs recordation, and constructive notice to all parties nationwide. For most businesses with any online presence or plans to grow beyond New York, federal registration is the recommended path.
Ankhi-Krol Law works with clients all over the world on US federal trademark matters.
Can I apply to register the trademark of a business name and a logo separately?
Yes — and for most businesses, applying for both is advisable. A word mark (the business name as plain text) protects your brand name. A business with a distinctive logo and a recognizable brand name benefits from registering both. A full review of your branding would be necessary to provide you with a personal answer. Contact us with your questions.
What is the difference between a trademark and a copyright?
Trademark and copyright are separate forms of intellectual property protection that cover different types of assets. A trademark protects brand identifiers — the names, logos, and slogans that consumers use to identify the source of goods or services. Copyright protects original creative works — writing, photography, artwork, music, video, and software. Your brand may qualify for protection under both of these types of intellectual property law.
The registration processes are entirely separate — trademark through the USPTO, copyright through the US Copyright Office.
What happens if someone files a trademark similar to mine before I do?
Trademark rights in the United States are primarily determined by who files first (in an intent-to-use application) or who uses the mark in commerce first. If someone else registers a trademark similar to yours, before you, you may be asked to stop using your mark, and/or pay damages. What that means in reality — rebranding, loss of time, money, and goodwill.
This is precisely why early trademark filing is so important. Waiting until your brand is well-established before seeking registration is one of the most common and costly trademark mistakes entrepreneurs make. Don't wait until it's too late!
Do I need a trademark to sell on Amazon, Etsy, or other online marketplaces?
As of now (this can change), you do not need a trademark to sell on these platforms, but a federal trademark registration unlocks significant additional protections. Amazon's Brand Registry program — which gives brand owners tools to protect their listings, remove counterfeit products, and access enhanced content features — requires a federal trademark registration. Etsy's anti-infringement program similarly operates more effectively for brands with registered trademarks. For any business with a meaningful e-commerce presence, federal trademark registration is not just about legal protection — it is a practical tool for managing your brand in online marketplaces.
Can Ankhi-Krol Law help if I received a trademark cease-and-desist letter?
Yes. Receiving a cease-and-desist letter from another party claiming trademark infringement is serious and should be addressed promptly by qualified legal counsel. The response you send — or fail to send — to a cease-and-desist letter can significantly affect your legal options going forward. Ankhi-Krol Law advises business owners who have received cease-and-desist letters on how to evaluate the claim, understand their legal exposure, and respond appropriately.
On the flip side, Ankhi-Krol Law also sends cease and desist letters to infringing parties on your behalf.
How do I know if my trademark is still available?
You can conduct simples searches to see if your trademark is still available. However, searching by yourself is only a starting point as you may not account for common law rights outside the USPTO system or the nuanced likelihood-of-confusion analysis that determines whether a mark is truly available for use and registration. A professional clearance search and legal analysis by a qualified trademark attorney provides a reliable, defensible assessment of availability. Ankhi-Krol Law can help.
What is an Office Action and do I need an attorney to respond?
A USPTO Office Action is a formal communication from the USPTO examining attorney assigned to your application, identifying issues that must be addressed before registration can proceed. Office Actions range from minor technical issues (specimen substitution, clarification of goods and services descriptions) to substantive legal refusals (likelihood of confusion, descriptiveness). You are not required to have an attorney respond to an Office Action, but the quality of the response matters significantly. Inadequate responses to substantive Office Actions are a leading cause of trademark application abandonment. Ankhi-Krol Law has extensive experience drafting effective Office Action responses and regularly takes over applications from applicants who initially filed without counsel.
Ready to Protect Your Brand?
Start With a Trademark Consultation.
Every day you operate without a federally registered trademark is a day your brand is vulnerable. Another entrepreneur can file a similar name, a competitor can imitate your logo, and a counterfeit operation can trade on your reputation — and without a registration, your legal options are significantly limited.
Ankhi-Krol Law works with entrepreneurs across New York City and nationwide to register, protect, and enforce trademarks for businesses in every industry. Whether you are launching your first brand, protecting an established name, or responding to an infringement, attorney Shahrina Ankhi-Krol is ready to help.
Contact Ankhi-Krol Law to schedule your trademark consultation.
Flat-fee trademark services.
Personal attention from attorney Shahrina Ankhi-Krol, Esq.
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