Trademarks and trademark law are used to protect business names, symbols, logos, slogans, as well as product names. Trademark Registration will legally help a business differentiate a product or service of one business from another. For example, Apple, Coca Cola, and McDonalds have very distinguished symbols that help people identify who they are.
While the most common trademarks are usually business names and designs, trademarks can also be used to protect other forms of branding such as the Microsoft Windows start-up sound or even a ring tone.
It is important for large corporations and equally important for smaller, localized companies to legally protect their branding efforts with a trademark so that companies do not compete with the same idea or copy the same concept. An unregistered mark may still be protected under the premise of “First Use”, but a much stronger legal position is created when a mark is registered on either the state or federal levels.
Trademark lawyers are key in helping guide you through the process of appropriately registering a trademark. Marks may be registered by a state government, the federal government, or internationally.
State trademark registrations are less costly, are processed more quickly, and are very effective for protection in local markets or service areas.
Federal trademark registrations provide national protection to the fullest extent, and thus are more costly and time consuming to complete.
There are also procedures that can be taken to register a trademark internationally. Contact us for more details.
Registering a trademark through a lawyer is usually a recommended practice. At The Lomnitzer Law Firm, P.A., our trademark lawyers will complete the following steps:
- Define your mark format: a standard character mark, a stylized/design mark, a sound mark, etc…
- Define clearly the precise goods and/or services to which the mark will apply.
- Search the USPTO database to determine whether anyone is already claiming trademark rights in a particular mark through a federal registration.
- Define the proper “basis” for filing a trademark application.
- File the proper application with the appropriate authority.
After the above steps have been taken, your trademark attorney will continue working with the registering authority until your trademark registration is completed.
Trademark Infringement Protection
Trademark infringement is a violation of exclusive rights to a registered trademark. One example is the counterfeit name brand products such as Gucci, Prada, and Louis Viton that are being sold without permission of the actual companies. Another type of infringement is when a company uses a mark similar to that of another company.
This can cause confusion to the consumer. In such cases, courts usually look at a number of components that include the strength of the mark, the similarity of idea, evidence of confusion, and the intent of the defendant.
What if this happens to you? First obtain evidence of illegal coping, then contact a Trademark attorney for advice.
The Lomnitzer Law Firm, P.A. is experienced in handling cases of trademark infringement, both in enforcing the protections of a victim as well as defending the rights and limiting the liabilities of defendants. Whether the matter is a “First Use” protection, a state protection, or a federal protection, our trademark attorneys are well versed in all aspects trademark registration and enforcement.
You work hard to get your business off the ground. Whether it is a product or concept, someone stealing your idea is the last thing you want to worry about!
Our law firm will represent your interests regarding trademark law and any other intellectual property issues, so that you can concentrate on the management and growth of your company.
We represent those seeking to protect their concepts with a trademark registration, those that are a victim of trademark infringement, and those that are accused of trademark violations.
To learn more about how the trademark attorneys at The Lomnitzer Law Firm, P.A. can represent your interests regarding trademark registration in West Palm Beach, Boca Raton, Fort Lauderdale, Miami, or any surrounding areas, please contact us today.