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Trademarks are a valuable piece of intellectual property that can help your business’s brand by distinguishing your products and services from your competitors. Whether you are in the process of starting a business or have been operating for years, knowing how trademarks work is essential for protecting your brand and avoiding unintentional exposure from infringing on another’s intellectual property.
Our Fort Lauderdale trademark lawyers can help with every facet of your business’s intellectual property needs, including registering, licensing, and more.
Trademarks are the things that identify the goods or services that you offer and that allow your customers to differentiate between you and your competitors. They can include, either separately or in combination, the following elements:
These elements must be used in connection with the goods or services you offer in the marketplace. If you sell services, the identifying mark is referred to as a service mark while trademarks refer to identifying materials used in selling a tangible good. The rights to use a particular trade or service mark within an industry generally exist as soon as the owner begins to publicly use them in the marketplace. That might include placing the trademark on packaging, websites, product labels, and other marketing materials.
However, the rights to a particular trademark in Fort Lauderdale may vary depending on how strong it is, whether it is registered with the United States Patent and Trademark Office. The use of words or symbols that are generic or merely descriptive are often not strong enough trademarks to have a legally enforceable right to their exclusive use within your market.
Registering a trademark with the USPTO is the best and most effective way to preserve and protect your rights to a mark within the United States or its territories. The trademark becomes searchable in the USPTO’s database and creates a legal presumption of your right to use it after receiving a registration certificate. Without the benefits of federal registration, your trademark is subject to the more limited rights available under Florida state law or common law. Additionally, any right to exclusively use a trademark in your industry may be limited to the geographic area without the protections of federal registration.
A Fort Lauderdale lawyer can be helpful in several common situations involving your or your business’s trademarks. The first is in managing the registration process with the USPTO. The application(s) can be complex, requiring careful attention to detail and experience with trademark law to navigate successfully. The trademark source will need to confirm the class(es) it belongs to, as well as submit specimens of the mark being used in commerce.
Furthermore, a rejected application for a trademark registration can result in unnecessary fees, rebranding costs, and other issues.
Beyond registration with the USPTO, the experience of a Fort Lauderdale trademark lawyer could be beneficial in transactions involving the sale or license of the intellectual property. A trademark lawyer could provide important recommendations and counsel around key issues such as exclusivity and approved uses. They could also document these transactions to accurately reflect the objectives of the agreement while clearly defining each party’s rights and obligations.
Finally, a Fort Lauderdale lawyer can help resolve disputes over trademark infringement claims through filing or defending against a lawsuit in court, potentially settling these disputes in some cases by sending a cease-and-desist letter. However, other cases may require a court judgment granting an injunction to permanently stop the infringement. An award for financial compensation may also be available depending on the circumstances and any disruptions or losses to business caused by infringement.
Businesses that value the intellectual property from their trademarks, logos, trade dress, and other branding can benefit from the guidance of an experienced Fort Lauderdale trademark lawyer. No matter the stage of your business or trademark concerns, a consultation with the Lomnitzer Law Firm is an important first step in understanding your rights and legal options for protecting valuable intellectual property. Contact our office today to schedule an initial consultation.
