Biana Borukhovich Esq The Law Office of Biana Borukhovich, PLLC covers a full range of legal services in New York. We focus in on each individual issue on a microscopic level and value every client as if they were a part of our family. We are dedicated to diligently representing our clients and look forward to helping you solve your legal issues.Our goal is to provide the best legal representation available at a reasonable and fair cost to our clients.
1460 Broadway new york NY
New York , 1460 Broadway new york NY 10036 New York
Biana Borukhovich Esq
I worked with Biana Borukhovich on a sensitive matter when it came to creating the last will and testament, power of attorney and a health proxy for my ailing mother. Biana was very sensitive to the personal element of these things, was compassionate and made my mom and me feel very comfortable with the whole process. She simplified the legal language into context we could all understand and made it easy to get the documents executed. Highly recommend working with her! Searching for the RIGHT lawyer was pretty stressful for me– Such high fees just to see if they would be the right fit for my business was hard as a start-up business. I was not sure what was the best place to start and I needed someone with the patience to listen and help me formulate the best plan for my business needs. Biana has exceeded my expectations far beyond my imagination. She is incredibly diligent, on top of her game and her prices as so fair. Biana has taken my business to a new level!! My firm retained Biana Boukhovich’s law firm to do a trademark filing for one of our products. Prior to hiring her, my partner and I met with several attorneys but each firm had some flaw or the other, either too aggressive, too expensive, too nice etc. Biana was very knowledgeable, straightforward and extremely patient. Her fees are fair and she is extremely diligent. Since hiring her office, she has gone above and beyond her stipulated contract to help us fine tune our Trademark. I am usually very selective in who I recommend but Biana is one of the few professionals I would have no hesitation endorsing.
Rating: 5 / 5 stars

HARVARD? A TRADEMARK?

When one thinks of a trademark, they think of a logo or distinct feature of a design that can cause likelihood of confusion. Can one confuse the name of a University and a fashion brand? I don’t think so. In a recent dispute that arose between Harvard University and Harvard Jeans USA (A Philippine Company that secured their trademark registration in 1988), the University claimed that the jeans company has infringed on their trademark, HARVARD VERITAS SHIELD SYMBOL that was registered in 1993 in a few classes, including class 25, which is for clothing. In response the jeans company filed a cancellation action against Harvard, arguing that the date of actual use in the Philippines should prevail in determining who had the better right to register the mark. I AGREE!Of course one can argue that such protection can protect companies/individuals from squatters.

However, I disagree that this is the case in this instance. If a company in a different country has trademarked a name or has secured their trademark registration, why shall a known company who has registered their trademark later in time have a viable infringement lawsuit?

What if Oxford University, which has been around for 632 years, trademarks its name and sues Oxford Insurance for trademark infringement, would that be fair? I don’t think so. Nevertheless, the Director General of the Intellectual Property Office of the Philippines found in the University’s favor. The General stated that the applicant must do more than just use the trademark in the Philippines, the applicant must own the mark sought to be registered. In addition, he asserted that the right to register a mark is based on ownership, and when the applicant is not the owner, it has no right to register the mark. I wonder how this case would of been resolved here in the US….Don’t you?

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