- Home
- About The Firm
- Practice Areas
- Areas Served
- Resources
- Blog
- Contact Us
Trademarks refer to words, phrases, symbols, designs, and other drawings that associate a brand or company with a particular good or service. The value of a trademark can be found through the benefits it provides the owner in distinguishing its goods or services from others in the market and establishing a positive reputation based on that distinction. However, not all trademarks are created equal, and their value can vary depending on the nature of the trademark, how it is used, and whether it is registered.
Common law trademarks in Boca Raton are unregistered trademarks that can still hold valuable rights for the owner depending on the circumstances. Our knowledgeable trademark attorneys explain how common law trademarks work, including their limitations, so you can begin to consider whether trademark registration makes sense for your business.
Like most states, Florida recognizes common law trademarks, which are those that have not been registered with either the Florida Department of State or federally through the United States Patent and Trademark Office (USPTO). A person or business may acquire rights to a trademark or service mark as soon as it is used in commerce in Boca Raton or another part of Florida. The key difference between the rights associated with a registered trademark versus a common law trademark is the extent of the owner’s right to use it exclusively within an industry or geographic area.
Common law trademarks in Boca Raton will generally have a much more limited scope for their associated rights in that the owner may only be able to use it within the territories where they currently offer their goods or services in Florida.
Federal registration of a common law trademark in Boca Raton can provide several important benefits and protections to businesses. First, registering a trademark with the USPTO establishes a legal presumption of your ownership throughout the United States and its territories. This places the burden on others to show their right to the trademark through a prior use or dilution.
Second, the federally registered trademark becomes listed in the USPTO’s database. The listing provides notice to the public about your rights over the trademark and can deter infringing uses by others in the future. The third key benefit of registering a common law trademark is the ability to file a lawsuit in federal court over infringement claims to pursue an injunction and other financial remedies.
Discovering that another person or business has been using your common law trademark can be an unsettling occurrence because of the negative impact it could have on your business. Your recourse options could range from sending a cease-and-desist letter to informally stop the infringement or could require a lawsuit in Florida state court to obtain a judgment. However, common law trademark infringement claims are often complex disputes, with the outcome heavily based on the circumstances.
Courts will consider the following factors under Florida Statute § 495.151 to evaluate the strength of a common law trademark in determining whether the owner has a right to prevent another from using it in Boca Raton:
The first use of the common law trademark is another important factor that could impact the outcome of an infringement case, in addition to the current strength of that use by the parties involved.
Protecting your common law trademark is critical for preserving the value of your business and its brand within the community. An intellectual property attorney could provide valuable assistance by registering a trademark with the state of Florida and the USPTO or by advocating for your rights in any infringement dispute. Contact one of our attorneys today for a consultation regarding your use of a common law trademark in Boca Raton.
