Whether a business or creator is trying to brand themselves in their industry, or expand an already established brand, a trademark lawyer can help identify and distinguish their product or service. Trademarking business names, symbols, logos, slogans, and other items that set them apart from their competitors can build a strong foundation upon which to expand.
Trademarks and their associated goodwill can become a business’s most valuable asset. In addition, a trademark provides the record owner with legal protection against unauthorized use, known as trademark infringement. However, the benefits of obtaining a trademark are not self-executing. It is up to a trademark owner to ensure their mark retains value.
As South Florida’s premier intellectual property legal practice, Lomnitzer Law Firm, P.A., assists businesses, entrepreneurs, and creators in a variety of industries with all of their trademark needs. Your trademark lawyer will handle everything from identification, registration, and licensing; to fighting and defending infringement; to counseling mark holders on the proper use of marks to ensure they retain their value.
All creators and businesses own a common law right to the marks they create and use in commerce. State, federal, and international laws formalize these rights and make it easier to exercise them. The Lomnitzer Law Firm has years of experience helping businesses and creators in various industries get their trademarks registered.
State trademark registrations are less costly, may be processed more quickly, and are effective for protection in local markets or service areas. South Florida is a hotbed of innovation, which makes securing trademarks critical. The Florida Department of State tracks state-based marks.
Federal trademark registrations provide more complete protection and are especially important if a brand plans to expand nationally or on the internet. The U.S. Patent and Trademark Office (USPTO) is the governing body that oversees federal trademark registrations.
Businesses that plan to sell products or services internationally can take additional steps to protect their trademarks depending on the countries that they will be doing business in.
At The Lomnitzer Law Firm, P.A., your trademark lawyer helps businesses and creators complete the following steps:
- Define their mark format: a standard character mark, a stylized/design mark, a sound mark, etc.
- Clearly identify the precise goods and/or services to which the mark will apply.
- Determine what level of trademark protection is appropriate.
- 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.
- See the application through to completion.
Once a mark is registered, the owner is secure in their rights and may use the mark in commerce.
Trademarks are a valuable asset, but they are not self-executing. It is up to a trademark lawyer to help business owners defend their mark against infringers.
Infringement comes in many forms. A competitor may try to cash in on the goodwill associated with a trademark by selling their goods or services using marks that are identical, or close enough that they confuse consumers. Sometimes infringers also attempt to sell counterfeit goods under well-regarded marks and dilute the marketplace.
Trademark owners can and should take aggressive legal action against infringers attempting to steal brand recognition, consumer goodwill, or market share they did not earn. The Lomnitzer Law Firm, P.A., helps trademark owners police their trademarks. We aggressively send out cease and desist letters, seek injunctions, or file lawsuits for monetary damages depending on the situation at hand.
We also defend South Florida 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 for an aggressive defense.
Although The Lomnitzer Law Firm, P.A. works to resolve trademark disputes as efficiently as possible, sometimes they escalate to the point that litigation is necessary. The Lomnitzer Law team has litigated trademark cases in state court and federal court nationwide We have won injunctions against infringement and monetary damages for clients facing infringement, and vigorously defended false claims of infringement.
We have also represented South Florida businesses and creators before the USPTO’s Trademark Trial and Appeal Board (TTAB). The TTAB holds what are essentially mini lawsuits between trademark applicants or holders and their adversaries. The two most common are Oppositions and Petitions to Cancel. Oppositions are, as their name suggests, actions taken to oppose the registration of a mark. If an official trademark registration has already been issued, a Petition to Cancel may be filed in order to revoke a trademark registration. Both Oppositions and Petitions to Cancel are adversarial proceedings where the strength of the evidence and arguments submitted are the key to success.
We aggressively advocate for our clients in the courts and before the USPTO’s TTAB. The Lomnitzer Law Firm, P.A. represents a wide variety of trademark applicants, trademark holders, and those who oppose them. Working for diverse clients and industries helps us identify emerging trends and develop creative solutions to meet all of our clients’ needs.
The Lomnitzer Law Firm also has experience conducting domain name dispute proceedings, including under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).
Making full use of a trademark typically means using it to advertise a product or service. Effective advertising is a necessary part of doing business in the modern economy. It is also one of the most highly regulated aspects of running a business.
At The Lomnitzer Law Firm, P.A., we have a robust practice group dedicated to helping our clients in South Florida and across the country comply with advertising, unfair competition, and other consumer protection laws while still using their trademarks to market their business to new and existing clients.
Cybersquatting, Domain Hijacking & Social Media Accounts
As more and more advertising has moved online, Lomnitzer Law Firm, P.A. has built a robust digital trademark protection team to assist our clients. We take on cybersquatters who attempt to cash in on our client’s valuable trademarks by purchasing infringing domains and/or social media accounts.
Thinking ahead and getting out in front of cybersquatters is an increasingly important part of the trademarking process. Our team can help you vet, secure, and monitor digital properties that may become valuable if a trademark application is filed.
If cybersquatters or domain hijackers have already taken over a digital asset that is critical to our client’s success, we take an aggressive approach to regaining control of the digital asset. There are many state and federal laws business owners can tap into to kick bad actors off valuable digital properties that are being held hostage, and we know how to take full advantage of them.
The Lomnitzer Law Firm Trademark Lawyer
The Lomnitzer Law Firm, P.A. takes a problem-solving approach to trademark issues. There is often no one right answer because the legal side may suggest one approach, but from a business perspective, another path is preferable. We always advise our clients of their options, and what the pros and cons of each option are, then let them decide how to move forward.
Our clients operate in a wide range of industries, so we have recruited a diverse legal team with experience in the entertainment, consumer products, technology, arts, and service industries. This gives the Lomnitzer Law team the right mix of legal skills and business sense to effectively advocate for our clients no matter what trademark issues they face.
Powerful Representation For Your Creation
If you are a creator or business owner in South Florida, you can rely on The Lomnitzer Law Firm, P.A.’s experienced team of attorneys to advise you, fight for you, and give you the space you need to keep creating, or keep running your business, while we take care of your legal issues. Contact us now to speak to a trademark lawyer!
From trademark identification, registration, and licensing; to fighting infringement; to counseling mark holders on the proper use of marks to ensure they retain their value; the Lomnitzer Law team will fight for you. If you have a trademark question, let’s talk.