New York, 2026 guide

Trademark Registration in New York

New York is a strange place to argue for a state only trademark. The businesses that form here almost never sell only within New York, yet a state registration protects your name in New York and nowhere else.

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Think of a fashion label, a fintech, a media brand, a restaurant group with expansion plans. Their customers are everywhere. That is the tension worth understanding before you file anything. There are two separate registrations people call a New York trademark. A state one goes through the New York Department of State (under General Business Law Article 24) and covers New York. A federal one goes through the USPTO and covers all fifty states.

General information to help you decide, not legal advice. Trademark rights can depend on how and where a mark is used, the goods or services involved, prior users, and other facts. Source: New York Department of State, Application to Register a Trademark. Secure Mark USA does not file New York state applications.

A New York wrinkle: unlike most states, a New York state registration runs for ten years, the same term as a federal one, and the fee is $50 per class. That longer term can make the state filing feel like the real thing. But the term is not the point. A ten year New York registration is still a ten year registration that stops at the state line, with no (R) symbol and no federal record.

How far each one reaches

New York state
  • Files with the NY Department of State
  • Protects within New York only
  • $50 per class
  • 10 years, renewable
  • No (R) symbol
Federal (USPTO)
  • Files with the USPTO Trademark Center
  • Protects all 50 states
  • $350 per class
  • 10 years, renewable
  • (R) symbol and federal record

What federal registration gives you

A federal registration goes through the USPTO Trademark Center (which replaced the older TEAS platform). On current USPTO data, expect roughly 4.5 months to a first action and about 10 months to registration for a clean application, longer with a refusal, an Office Action, a suspension, or an opposition. Secure Mark USA prepares and files it for you from $99 plus the USPTO fee. Start with a free trademark search or read the complete U.S. registration guide.

Source: USPTO Trademarks Dashboard; USPTO, How much does it cost.

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New York trademark questions

My New York registration lasts ten years. Is that as good as federal?

The term is the same, but the reach is not. A ten year New York registration still only protects your mark within New York. Federal protection is nationwide.

I formed my LLC with New York State. Am I trademarked?

No. Forming a business entity is separate from trademark rights. A competitor can still brand their products with your name.

I sell nationwide from Brooklyn. State or federal?

Federal. A New York only registration would not reach customers or competitors outside the state, which is most of your market.

What does each one cost?

New York state is $50 per class; federal is $350 per class. They are separate registrations covering different territory.

When can I use the (R) symbol?

Only after the USPTO registers your mark federally, roughly ten months for a straightforward application, sometimes longer.

Helpful resources

USPTO: Trademark Basics, How much does it cost, Trademarks Dashboard.

New York: Department of State, Register a Trademark.

Secure Mark USA: Free trademark search, Complete U.S. registration guide.