Whether a business or creator is trying to establish a foothold in their industry, or make a name for themselves nationwide, a trademark can help them brand and expand. However, the benefits of obtaining a trademark are not self-executing. It is up to a trademark owner to make sure their mark retains value. Contact a skilled trademark attorney for a consultation to discuss your trademark litigation options to protect your brand.
When infringement is alleged, or some other sort of dispute arises, a Boca Raton trademark litigation lawyer takes aggressive action to protect our clients’ brand. The Lomnitzer Law team has handled trademark infringement cases in federal court, state court, and at the USPTO’s Trademark Trial and Appeal Board (TTAB).
When someone violates a trademark they are stealing brand recognition, consumer goodwill, or market share they did not earn. Trademark owners can and should take aggressive legal action against infringers as the resulting damage could become costly. The Lomnitzer Law team helps our clients develop a strategy to achieve their business and legal goals.
Owners can seek an injunction against infringement, and may also be eligible for monetary damages. To be successful, the mark owner must prove they have a valid trademark entitled to protection and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff’s consent. A plaintiff may also show that defendant’s mark is likely to cause actual harm in the form of:
The Lomnitzer Law team is skilled at helping intellectual property owners gather the evidence needed to assert their legal rights and bring infringers to justice. If monetary compensation is appropriate, we help our clients maximize their compensation.
We also defend Boca Raton creators and business owners accused of infringing on someone else’s trademark. The moment a cease and desist letter is received or an infringement claim is filed in court we are ready to spring into action to protect our clients’ rights.
Trademarks can also come under attack outside of the marketplace if the U.S. Patent and Trademark Office (USPTO) approves a similar or identical mark for someone else, or a litigant moves to cancel a mark. Although the USPTO attempts to ensure that all the trademarks it issues are unique, and rarely cancels a mark without good cause, sometimes mark holders need to take action to prevent the USPTO from making a mistake. It is critical that trademark owners monitor USPTO activity to ensure their mark retains value and contact a Boca Raton trademark litigation lawyer for legal advice.
The Lomnitzer Law team assists South Florida creators and business owners who want to oppose a proposed trademark or challenge a trademark the USPTO has issued. We also step in when clients face such opposition themselves.
Within the 30-day window after an application has been approved by a USPTO Examiner, but before the USPTO issues an official registration, any party that believes it would be harmed by the registration of the trademark can initiate an opposition.
If an official trademark registration has already been issued, a Petition to Cancel may be appropriate. A successful cancellation proceeding before the USPTO’s Trademark Trial and Appeal Board (TTAB) removes a trademark registration from the register.
The Lomnitzer Law Firm, P.A., is South Florida’s premier IP legal practice, serving a diverse array of artists, businesses, inventors, and entrepreneurs. When a trademark dispute arises, you can rely on our experienced team of attorneys to advise you, fight for you, and give you the space to keep creating or keep running your business while we take care of your legal issues.
If you need representation in a trademark dispute, a Boca Raton trademark litigation lawyer is here for you. Please contact us today to schedule an initial consultation.