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

What is the Difference Between a State and Federal Trademark?

Once a person or business starts using a mark in commerce, they technically have what is called a common law trademark; the protection afforded to this right is extremely limited. Hence, a common law trademark is only enforceable in the geographic area where the mark is used. In most instances, it is hard to enforce common law rights because it is hard to show when use of the mark began. Therefore, it is important for owners of marks to understand the importance of obtaining registered trademark(s) for their brand(s). They shall decide whether they need to obtain a state or federal trademark registration. In this article, I will discuss the difference between these two.

In general, state trademarks are quick and easy to obtain, while federal trademarks are more costly and complex. Nevertheless, federal trademarks offer way more protection than do state trademarks. State trademarks protects a mark only in the registered state(s), meanwhile a federal trademark protects the mark(s) nationwide and can be potentially used to obtain international trademarks through the WIPO World Intellectual Property Organization. Furthermore, the owner of a state trademark registration cannot use the registered symbol ® next to its mark to put others on notice. The registrant can only put either a TM for a trademark or SM for a service mark next to its mark. Hence, when a federal registration is pending, the applicant can put either one of these symbols next to its mark and once the federal trademark obtains registration, the applicant can put the registered symbol ® next to it.

There are several other benefits of obtaining a federal trademark such as you can register your trademark with Amazon or U.S. Customs and Border Protection Service to prevent infringing products from being imported or sold, the registration creates a public record of use of your mark which may help deter infringers and you can file a trademark infringement lawsuit in federal court. In federal court, trademark owners of federally registered trademarks can sue for statutory damages, recover profits, receive triple damages for willful infringement and get infringing businesses to pay their legal fees, which is much harder for common law trademark owners to obtain. Common law trademarks aren’t governed by statute as federal registered trademarks are; state law governs them. Hence, none of the foregoing benefits apply to state or common law trademarks. Therefore, obtaining a federal trademark is usually the better choice.

If you need help obtaining a trademark, please don’t hesitate to call The Law Office of Biana Borukhovich at (347)450-1811. (Attorney Advertisement)


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