How to Register a Trademark in New York (2026)
Reviewed by DocDraft Legal Team · New York · Last updated August 12, 2026
A New York state trademark is registered with the Department of State under General Business Law Article 24 (sections 360 to 360-r), and it protects a mark only inside New York. You file a paper application with the Division of Corporations, State Records and Uniform Commercial Code in Albany, paying $50 for each class of goods or services claimed. A New York registration runs for 10 years and is renewable for like 10-year terms. Businesses selling across state lines or online almost always want a federal USPTO registration instead of, or in addition to, the state filing, because the state mark carries no nationwide priority.
How much does it cost to register a trademark in New York?
The New York Department of State charges $50 for each classification of goods or services claimed, under General Business Law Article 24. A mark used in one class costs $50, and covering three classes costs $150. There is no per-application surcharge, but a check over $500 must be certified. The state fee is far lower than the USPTO's $350-per-class federal fee.
Does a New York trademark registration protect me outside New York?
No. A registration under General Business Law Article 24 gives you rights only within New York State. It does not create nationwide priority and cannot stop use in other states. To protect a mark across the country or online, you need a federal registration with the USPTO. Many New York businesses hold both a state and a federal mark.
How long does a New York state trademark last?
A New York registration is effective for a term of 10 years from the date of registration under General Business Law section 360-e. You may renew it for successive 10-year terms by filing a renewal with the Department of State within the six months before the current term expires. Missing that window ends the registration and you must re-apply.
Where do I file a New York trademark application?
You file by mail with the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code, at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. New York does not offer online trademark filing, so you mail the completed Application to Register a Trademark, the $50-per-class fee, and specimens showing actual use of the mark.
New York registers marks under Article 24, and its trade-secret law is judge-made
New York's state trademark scheme lives in General Business Law Article 24 (sections 360 through 360-r), administered by the Department of State's Division of Corporations, State Records and Uniform Commercial Code in Albany. Registration is deliberately low-cost at $50 per classification and, unlike the USPTO, New York still takes applications only on paper mailed to One Commerce Plaza. Section 360-a governs what is registrable and section 360-e sets the 10-year renewable term. What genuinely sets New York apart sits outside the trademark statute: New York is famously the one state that has never adopted the Uniform Trade Secrets Act, so trade-secret misappropriation is governed entirely by common law worked out in the courts, using the Restatement of Torts factors rather than a code definition. New York also lacks a general right-of-publicity statute for the living. Instead, Civil Rights Law sections 50 and 51 protect a person's name and likeness as a privacy right, and section 50-f, effective May 29, 2021, added a separate post-mortem right of publicity for deceased performers and personalities that runs for 40 years after death and can be registered with the Secretary of State.
Relevant Laws
New York General Business Law Article 24, sections 360 to 360-r (Trademarks)
New York's state trademark statute. Section 360-a covers registrability, section 360-b the application, and section 360-e the 10-year renewable term. Registration is with the Department of State at $50 per class.
NY Department of State: Application to Register a Trademark
The official Department of State page and form for registering a trademark by mail under Article 24, with fee, classification, and specimen instructions. Filed with the Division of Corporations, State Records and UCC in Albany.
New York trade-secret protection (common law; no UTSA)
New York is the one state that has not adopted the Uniform Trade Secrets Act, so trade-secret misappropriation is governed by common law using the Restatement of Torts factors, alongside the federal Defend Trade Secrets Act.
NY Civil Rights Law sections 50, 51 and 50-f (privacy and right of publicity)
Sections 50 and 51 protect a living person's name and likeness as a privacy right; section 50-f, effective May 29, 2021, creates a 40-year post-mortem right of publicity for deceased performers and personalities.
Regional Variances
New York state mark vs. federal USPTO registration
New York (Department of State, GBL Article 24)
$50 per classification, paper filing only, 10-year renewable term under section 360-e. Rights limited to New York; no nationwide priority and no ® based on the state filing alone.
Federal (USPTO, Lanham Act)
$350 per class through the online Trademark Center, 10-year renewable term. Nationwide priority, presumption of ownership, use of the ® symbol, and federal-court enforcement.
Common law (use in New York)
Rights arise from actual use in a trading area even without any registration, but they are the hardest to prove and cannot support the ® symbol.
How New York's related IP rules differ from most states
Trade secrets
New York has NOT adopted the Uniform Trade Secrets Act. Protection is common-law only, using the Restatement of Torts factors, plus the federal Defend Trade Secrets Act. Most other states have a UTSA-based statute.
Right of publicity
No general publicity statute for the living. Civil Rights Law sections 50 and 51 treat name and likeness as a privacy right; section 50-f (2021) adds a 40-year post-mortem right for deceased performers.
Filing method
New York still accepts trademark applications only on paper mailed to Albany, while the USPTO and many states have moved to online-only filing.
Suggested Compliance Checklist
Verify actual New York use of the mark
Before filing days after startingConfirm the mark is already in use in New York on goods or in selling services. Article 24 has no intent-to-use option, so you cannot register a mark you have not yet launched in the state.
Search New York and federal trademark records
Before filing days after startingCheck Department of State records and the USPTO Trademark Search database plus common-law sources for confusingly similar marks. Prior users can block your New York registration or sue for infringement.
Classify goods/services under Title 19 Part 140
Before filing days after startingMap your goods or services to New York's classification list in Title 19, Part 140 of the state regulations. The class count sets your fee at $50 per classification claimed.
Complete and mail the Application to Register a Trademark
When ready days after startingFill out and verify the Department of State's trademark application, then mail it with the $50-per-class fee and specimens to the Division of Corporations, State Records and UCC, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Put NDAs in place for trade secrets
Ongoing days after startingBecause New York has no Uniform Trade Secrets Act, confidentiality and nondisclosure agreements are the primary tool for protecting proprietary information alongside common-law misappropriation and the federal DTSA.
Calendar the 10-year renewal deadline
Within 6 months before expiration days after startingUnder section 360-e a New York registration runs 10 years and must be renewed within the six months before it expires. Docket the date now; a lapsed registration must be re-filed from scratch.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify actual New York use of the mark | Confirm the mark is already in use in New York on goods or in selling services. Article 24 has no intent-to-use option, so you cannot register a mark you have not yet launched in the state. | - | Before filing |
| Search New York and federal trademark records | Check Department of State records and the USPTO Trademark Search database plus common-law sources for confusingly similar marks. Prior users can block your New York registration or sue for infringement. | - | Before filing |
| Classify goods/services under Title 19 Part 140 | Map your goods or services to New York's classification list in Title 19, Part 140 of the state regulations. The class count sets your fee at $50 per classification claimed. | - | Before filing |
| Complete and mail the Application to Register a Trademark | Fill out and verify the Department of State's trademark application, then mail it with the $50-per-class fee and specimens to the Division of Corporations, State Records and UCC, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. | trademark-application | When ready |
| Put NDAs in place for trade secrets | Because New York has no Uniform Trade Secrets Act, confidentiality and nondisclosure agreements are the primary tool for protecting proprietary information alongside common-law misappropriation and the federal DTSA. | non-disclosure-agreement | Ongoing |
| Calendar the 10-year renewal deadline | Under section 360-e a New York registration runs 10 years and must be renewed within the six months before it expires. Docket the date now; a lapsed registration must be re-filed from scratch. | - | Within 6 months before expiration |
Frequently Asked Questions
No. The New York Department of State does not offer online trademark filing. You must mail a completed paper Application to Register a Trademark, along with the $50-per-class fee and specimens showing the mark in use, to the Division of Corporations, State Records and Uniform Commercial Code in Albany. This differs from the USPTO, which is fully online through the Trademark Center.
Yes, but only through common law. New York is the one state that has not enacted the Uniform Trade Secrets Act, so there is no state trade-secret statute. Courts protect trade secrets under common-law misappropriation, generally using the Restatement of Torts factors. Owners can also sue under the federal Defend Trade Secrets Act. Nondisclosure agreements remain the practical backbone of protection in New York.
New York has no general right-of-publicity statute for living people. Instead, Civil Rights Law sections 50 and 51 protect a living person's name, portrait, picture, or voice used for advertising or trade as a statutory privacy right. Civil Rights Law section 50-f, effective May 29, 2021, adds a separate post-mortem right of publicity for deceased performers and personalities that lasts 40 years.
If you sell only within New York, the $50-per-class state registration under Article 24 may be enough. If you sell across state lines or online, federal registration with the USPTO is the priority because a New York registration carries no rights outside the state. Many New York owners file federally for nationwide protection and add a state registration for local enforcement.
A New York registration lasts 10 years and can be renewed only by filing within the six months before it expires, under section 360-e. If you miss that window, the registration lapses and you lose the benefits of the state filing. You would then have to submit a new application, and any intervening user could complicate re-registration.
Other New York guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.