New York General Business Law Article 24 - TRADEMARKS

  • 360 - Definitions.
    (a) The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof used by a person to identify and...
  • 360-a - Registrability.
    A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not...
  • 360-b - Application for Registration.
    Subject to the limitations set forth in this article, any person who uses a mark may file in the office of the secretary, in a...
  • 360-c - Filing of Applications.
    (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for...
  • 360-d - Certificate of Registration.
    Upon compliance by the applicant with the requirements of this article, the secretary shall cause a certificate of registration to be issued and delivered to...
  • 360-e - Duration and Renewal.
    A registration of mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six...
  • 360-f - Assignments, Changes of Name and Other Instruments.
    (a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with...
  • 360-g - Records.
    The secretary shall keep for public examination a record of all marks registered or renewed under this article, as well as a record of all...
  • 360-h - Cancellation.
    The secretary shall cancel from the register, in whole or in part: (a) any registration concerning which the secretary shall receive a voluntary request for...
  • 360-i - Classification.
    The secretary shall by regulation establish a classification of goods and services for convenience of administration of this article, but not to limit or extend...
  • 360-j - Fraudulent Registration.
    Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the...
  • 360-k - Infringement.
    Subject to the provisions of this section, any person who shall: (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable...
  • 360-l - Injury to Business Reputation; Dilution.
    Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive...
  • 360-m - Remedies.
    1. Any owner of a mark registered under this article may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits...
  • 360-n - Forum for Actions Regarding Registration; Service on Out of State Registrants.
    (a) Actions to require cancellation of a mark registered pursuant to this article or in mandamus to compel registration of a mark pursuant to this...
  • 360-o - Common Law Rights.
    Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
  • 360-p - Fees.
    The application for registration or renewal shall be accompanied by a filing fee or fifty dollars payable to the secretary of state.
  • 360-q - Rules and Regulations.
    The secretary of state may from time to time make regulations for carrying into effect the provisions of this article provided, however, that such supplementary...
  • 360-r - Severability.
    If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this article shall not...

Last modified: February 3, 2019