To file a New York trademark application, mail a completed one-page form to the Department of State in Albany with three specimens showing the mark in actual use and a $50 fee for each class of goods or services you claim. The same form and process cover both trademarks (which identify goods) and service marks (which identify services). Registration creates a public record of your ownership within New York and gives you standing to enforce the mark in state courts.
Search for Conflicts Before You File
The Department of State will refuse registration if your mark too closely resembles one already on file, and the $50 fee is non-refundable whether your application is approved or denied. A preliminary search is the cheapest insurance you can buy.
New York does not maintain a publicly searchable online trademark database. For federal registrations, use the USPTO’s Trademark Electronic Search System (TESS) at tmsearch.uspto.gov. Run a basic word mark search, then try phonetic variations, common misspellings, and alternative spellings, and filter by the international class that matches your goods or services. A TESS search alone will not catch another business holding a New York state registration or common-law rights, so contact the Department of State’s Division of Corporations, State Records and Uniform Commercial Code to request a search of existing state registrations.
What Goes on the Application
The form is available from the Department of State’s website. General Business Law Section 360-b sets out what it must contain, and the form tracks those requirements closely.1New York State Senate. New York General Business Law GBS 360-b
Applicant Information
Give your full legal name and business address. A corporation includes its state of incorporation. A partnership lists the state where it is organized and the names of the general partners.1New York State Senate. New York General Business Law GBS 360-b
Description of the Mark and Class
Describe the mark itself. Identify the specific goods or services it is used with and how it appears in connection with them. List the international class number for each category. Each class claimed on the application requires a separate $50 fee, so the number of classes drives both the scope of your protection and your total cost.2New York State Department of State. Application to Register a Trademark
Dates of First Use
The form asks for two dates: when the mark was first used anywhere, and when it was first used in New York.1New York State Senate. New York General Business Law GBS 360-b These dates establish your priority and must be accurate. You sign the application under penalty of perjury; a materially false sworn statement is perjury in the second degree, a class E felony.3New York State Senate. New York Penal Law 210.10 – Perjury in the Second Degree
Ownership Statement
You must state that you own the mark, that it is currently in use, and that to your knowledge no other person has registered or has the right to use an identical or confusingly similar mark at the federal level or in New York.1New York State Senate. New York General Business Law GBS 360-b The Department of State may also ask whether you have filed a federal application through the USPTO and, if so, the filing date, serial number, and current status.
Preparing Your Specimens
Every application must include three specimens showing the mark as it actually appears in commercial use.2New York State Department of State. Application to Register a Trademark A specimen is not a drawing or mockup. It is evidence that the mark is out in the world attached to goods or services people can buy.
For goods, the specimen should show the mark on the product itself, its packaging, labels, tags, or containers. A product photo displaying the mark works. So does a scanned label or tag, an instruction manual accompanying the product, or a web page where customers can order the product with the mark shown in direct connection with the goods.
For services, acceptable specimens include advertisements, brochures, business signage, website pages, or business cards that display the mark in connection with the services you provide. The specimen must reference the actual services, not just display the mark alone. A business card showing only a logo and a phone number may not clearly tie the mark to any particular service.
Keep specimens to 8.5 by 11 inches or smaller. Do not send actual products.
Signing and Verification
The application must be signed and verified by oath, affirmation, or declaration subject to perjury laws. An individual applicant signs for themselves. A firm’s application is signed by a member of the firm. A corporation or association signs through an officer.1New York State Senate. New York General Business Law GBS 360-b The form’s verification section will specify whether a notary is required; follow the instructions on the current version exactly. An improperly executed verification is one of the fastest ways to get an application bounced back.
Where to Mail and How to Pay
There is no online filing option. Mail the application, specimens, and fee to:
New York State Department of State
State Records
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-00012New York State Department of State. Application to Register a Trademark
The filing fee is $50 per international class.2New York State Department of State. Application to Register a Trademark A mark covering two classes costs $100. The Department of State accepts personal checks, postal money orders, and cashier’s checks made payable to the NYS Department of State. If the total exceeds $500, the check must be certified.4New York State Department of State. Renewal of Trademark/Service Mark Cash is not accepted, and the fee is not refunded whether your application is approved or denied.
Use a trackable mailing method. A lost application means refiling from scratch and paying the fee again.
After You File
A state examiner reviews the application for compliance with General Business Law Article 24. If everything checks out, the Department of State issues a certificate of registration, which serves as your official evidence of ownership in New York.5New York State Department of State. How To and FAQs
If the examiner finds problems, you will receive a communication explaining the grounds for refusal. The most common stumbling blocks are incomplete applications (missing dates, unsigned verifications), specimens that do not clearly tie the mark to the goods or services, and marks too similar to an existing registration. You can address the issues and resubmit, or pursue whatever administrative remedy the Department of State offers.
How Long Registration Lasts
A New York trademark registration is valid for ten years from the date of registration. To renew, file a renewal application within the six months before expiration. The renewal form is available from the Department of State, requires one specimen showing continued use, and carries the same $50-per-class fee. If any part of the mark is not in English, include a sworn, notarized translation. Renewals go to the same Albany address.4New York State Department of State. Renewal of Trademark/Service Mark
What a New York Registration Does Not Cover
State registration protects the mark only within New York. It does not cover other states, does not give you access to federal courts for infringement actions, and does not let you record the mark with U.S. Customs and Border Protection. If you sell or provide services across state lines, a separate federal application through the USPTO is what reaches that ground. The two are not mutually exclusive; a business can hold both at the same time.5New York State Department of State. How To and FAQs