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As an inventor or business owner, a trademark can be one of the most valuable legal protections you have to separate your product or service from the competition. If you already have a trademark in place and someone tries to use it, you may have grounds to take legal action in federal court and seek monetary damages.
A Miami trademark lawyer could help you register your mark, avoid potential trademark conflicts, and safeguard your business against litigation. An experienced intellectual property attorney who works in this complex area of law could also help you enforce your trademark rights and avoid potential missteps that could leave your trademark open to infringement or attack.
A trademark is an identifying mark that differentiates a product, goods, or other services. By registering a trademark, a Miami company can ensure that the source of the goods is recognizable and cannot be confused with a competitor. A trademark can take a variety of forms, including images, words, symbols, designs, and sounds.
Once a trademark has been successfully registered, the owner has exclusive rights to use that trademark. Not only will registering a trademark prevent another company from using another similar mark, but the owner will maintain those exclusive rights on a permanent basis if they are used and renewed as required.
For example, a federal trademark must be renewed once every ten years with the U.S. Patent and Trademark Office (USPTO) for the registration to remain in effect. As the owner of a register trademark, an individual or business is afforded numerous key legal benefits.
These benefits include the right to sue for damages in federal court if another person or company infringes the trademark, to stop importation of infringing products, and to ensure that competitors are unable to use the same mark. A registered trademark can also enable the owner to secure exclusive nationwide rights for the product or products, use the registered trademark symbol for that work, and achieve undisputed rights for the trademark after five years of using it for commerce purposes.
A Miami attorney may advise as to the different classes of trademarks that best apply to a specific product or service, and help trademark holders expand the classification for trademarks that have existing registrations.
It is advisable to obtain legal representation when making the initial trademark registration. An attorney assists with clearance searches and other forms of due diligence to ensure no existing registrations threaten a prospective trademark.
When an individual or entity applies for a trademark, it is relatively common for the USPTO to send an office action letter, which can list legal issues with the chosen trademark or the application itself. Attorneys may handle responses to final and non-final office actions, requests for reconsideration, and appeals to the Trademark Trial and Appeal Board (TTAB).
Another common legal action involving trademarks is when the owner brings a case in federal court against an infringing individual or entity. When trademark infringement occurs, it may be possible to seek an injunction against the infringement party and an award of monetary damages plus attorneys’ fees.
Monetary damages in a trademark infringement case can include the value of the profits that the infringing party acquired by wrongfully using the trademark, as well as losses incurred by the trademark owner. A Miami attorney can also oversee litigation involving frivolous trademark infringement claims.
Whether you are looking to register your first trademark or need to appear before the TTAB to defend your right to retain a registration, Lomnitzer Law can provide invaluable assistance immediately.
Trademark refusals are common, often because of an error on the application, an overly generic proposed trademark, or even from confusion with a previously registered trademark. A Miami trademark lawyer helps with registration and post-registration documents related to the goods or services you are trying to protect.
Contact our office today to speak with an attorney about your trademark case and how you can prevent conflicts in the future.
