Geographic Trademarks: What You Need to Know

New York State Guide to Geographic Trademark Law and Brand Protection

When you think of a product tied to a place, something specific probably comes to mind. Maybe it’s honey from the Hudson Valley or a fresh bagel shop in Brooklyn. Geographic trademarks let businesses connect their brand identity to a real place, but doing that legally takes more than clever marketing. These trademarks come with rules, especially when your business is based in a state like New York where location matters.

At Horn Wright, LLP, our intellectual property attorneys help business owners across New York State understand what it takes to protect their brand. If you’re thinking about using a place name in your business name or product label, we can walk you through what’s allowed, what isn’t, and how to protect what you build.

Understand the Meaning of Geographic Trademarks

A geographic trademark ties a business name or product directly to a specific location. It might sound simple, but the legal meaning goes deeper. These marks suggest to consumers that a product or service comes from a certain place or region. If your brand includes a city, town, or region in New York State, it may fall into this category.

For example, if you sell candles under the name “Adirondack Glow,” customers might assume the product comes from the Adirondacks. If it doesn’t, that could raise legal concerns. If it does, you may be eligible for trademark protection under the right circumstances.

The key is whether the name informs buyers about a product’s origin. That connection, while valuable, must meet specific criteria to qualify as a registered trademark.

Know Which Geographic Terms Can Be Protected

Not every location-based name can be trademarked. The U.S. Patent and Trademark Office (USPTO) pays close attention to how geographic terms are used. If a name clearly refers to a place and tells customers where the goods or services come from, it’s considered “primarily geographic.”

These types of names can be tough to protect unless they meet additional requirements. That means a name like “Brooklyn Roasters” will likely face a higher hurdle than a name like “Empire Brews,” which suggests a New York identity without pointing to one specific location.

In New York, a few examples show the difference:

• “Saratoga Spring Co.” implies origin from Saratoga Springs and may require evidence of that origin
• “Finger Lakes Vine Co.” needs to prove its wines are actually from the Finger Lakes region
• “NY Northern Threads” might pass because it hints at New York but doesn’t depend on a precise location

Understanding how your geographic name is perceived by the public helps determine whether it can be protected.

See Why Descriptive Place Names Often Face Rejection

Names that simply describe a location and product type rarely get approved. For example, if you open a bakery in Albany and call it “Albany Bagels,” you’re just telling people what you sell and where you are. That’s not enough to qualify for trademark protection.

Descriptive names often hit a wall at the USPTO because they don’t distinguish your business from others in the same area. Trademarks must serve as unique identifiers, not general descriptions.

Consider these scenarios in New York:

• “Syracuse Coffee” likely won’t qualify because it’s purely descriptive
• “Hudson Valley Bites” may pass if it uses creative branding and gains recognition
• “North Fork Naturals” could qualify if it operates exclusively on the North Fork and customers associate the brand with the source

Your brand should do more than tell where you’re located. It should tell a story that helps consumers remember you and not confuse you with another local business.

Learn How Secondary Meaning Can Change the Outcome

Even if your business name starts off as descriptive, all hope isn’t lost. If you use the name consistently and build strong brand recognition, it can eventually earn legal protection. This is known as acquiring “secondary meaning.”

In New York, this often happens with regional food or drink companies that build a loyal customer base over time. A small brewery in Rochester using a regional name might struggle to register its trademark in the beginning. But after several years of strong sales, good reviews, and wide distribution, that name might gain the recognition it needs.

Here’s what helps build secondary meaning:

• Long-term and exclusive use of the name
• Strong advertising that connects the name to the product
• Media coverage or awards
• Customer surveys showing brand recognition

Without this type of evidence, the USPTO may continue to view your brand as merely descriptive.

Use Certification Marks to Support Regional Goods

Businesses that produce goods in a specific region of New York can use certification marks to protect their product’s origin and quality. These are especially helpful for farmers, craft makers, or food producers across the state.

Unlike traditional trademarks, certification marks indicate that a product meets certain standards or comes from a particular area. This is useful for:

• Finger Lakes wineries wanting to confirm regional origin
• Catskills cheese producers ensuring buyers know the source
• Hudson Valley apple growers verifying local farming methods

These marks are often managed by trade groups or regional councils. To qualify, your product needs to follow the rules set by the certifying organization. If accepted, you can add that mark to your packaging to boost consumer trust.

Certification marks don’t belong to a single business. Instead, they serve as a stamp of authenticity for the entire region. 

Avoid Misleading Geographic Branding

Using a place name on your product without operating there creates legal risk. New York law prohibits deceptive branding, and misusing a name like “Ithaca Organics” without a real tie to Ithaca may mislead consumers and trigger enforcement.

Penalties for false advertising under state law can include fines, injunctions, or lawsuits. These rules apply throughout New York, from Buffalo to Yonkers. To stay compliant, ensure your branding reflects your actual location and avoids creating confusion. Clear, accurate naming helps you build trust and avoid legal issues.

Follow New York’s Trademark Registration Process

You can register a trademark in New York at the state or federal level. The right path depends on where you plan to do business.

If your customers are mostly in-state, New York’s trademark system offers a simpler and less expensive option. The New York State Department of State oversees these registrations. While they don’t offer as much legal protection as a federal mark, they still give you the right to defend your brand in New York.

Steps include:

• Search the New York State trademark database to check for similar names
• Complete the trademark application with accurate details
• Submit the application with required fees

If you sell across state lines, a federal trademark through the USPTO may be more effective. That process takes longer and requires more documentation, but it provides broader protection.

Either way, accurate records and strong branding help support your application. Knowing how to protect your trademark is part of maintaining the strength and clarity of your brand throughout the application and beyond. 

Protect Your Brand From Infringement

Once you secure a trademark, the next step is enforcing it. Trademarks only work if you actively defend them.

In New York, business owners can take several actions if someone uses a similar name:

• Send a cease-and-desist letter
• File a complaint with the New York State Attorney General
• Initiate a civil lawsuit if necessary

Regularly monitor your industry, especially local competitors. In areas like the Capital Region or Western New York, new businesses pop up quickly. Keeping watch helps you catch potential conflicts early.

Also, document everything. Emails, ads, and customer communications showing your long-term use of a brand can support your case if a dispute arises.

Working with an attorney experienced in trademark disputes helps protect what you’ve built.

Build a Strong Geographic Brand in New York

New York offers endless opportunities to build place-based brands that stand out. Whether you’re in a small town or a major metro area, smart branding makes a difference.

Instead of simply using your location in your name, tie it into your full brand story. Use local imagery, cultural references, and design choices that reflect your part of the state. This builds authenticity and keeps you away from trademark trouble.

Tips to strengthen your place-based brand:

• Create a logo that reflects local geography
• Highlight community connections in your marketing
• Choose names that suggest location without relying on it
• Tell a story your customers can relate to

When you lean into your roots, you can create something meaningful that also stands up legally.

Protect What Makes Your Brand Local

Branding your business around a New York location can be a smart move, but only if you do it right. Geographic trademarks come with challenges, especially when place names and product origins overlap. Our team at Horn Wright, LLP, helps business owners across the state take the right legal steps to protect what they’ve built. 

Whether you’re launching a new venture or defending an existing brand, reach out to us today to stay clear, protected, and ready to grow.