New York trademark registration is governed by Article 24 of the General Business Law, N.Y. Gen. Bus. Law 360 et seq. Section 360 sets the foundational definitions, including trademark, service mark, trade name, use, and abandonment, and requires that a mark be actually used in commerce within New York to be registrable.
What New York Trademark Registration Covers
The rest of the article covers registration with the New York Department of State, renewal, assignment, infringement of registered marks, and remedies including injunctions and damages.
A Broader Dilution Standard
New York’s law is notable for its dilution provision, section 360-l, which protects distinctive marks against likelihood of injury to business reputation or dilution without requiring the mark to be nationally famous, a broader standard than federal dilution law. That means a New York business can face a dilution claim from a locally strong brand that would never qualify as famous under the Lanham Act, so clearance for New York clients should look hard at strong local marks, not just national ones.
Source: New York State Senate: N.Y. Gen. Bus. Law 360 et seq.
Enforcement note: Trademark rights are enforced through private legal action rather than a government complaint office. If you believe a mark is being infringed, consult a trademark attorney.
