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How to Register and Enforce a Trademark

Posted on in Intellectual Property

Florida trademark attorney registration infringementNo one wants their ideas and dreams to be stolen. Sometimes, there is a fine line between what is yours and what someone else can legally use. When there is a question, a knowledgeable intellectual property attorney can determine if that line has been crossed. When you own a trademark, it is important to understand your rights and your options for addressing infringement.

Choosing Your Trademark

Trademarks are symbols, sometimes including a name and/or other words, that identify your product. When people see these symbols, they think of your company or your product. Trademarks make it easy to recognize a particular manufacturer or brand, and they can be registered to keep others from using something too similar which could confuse consumers. 

This is why it is important before you choose a trademark to consult an attorney and ensure that your trademark is original enough to avoid scrutiny. Attorneys can conduct a trademark search to ensure that your desired trademark is not already in use. Even simply using your own company’s name could be an infringement on some other business’s trademark, so it must be chosen carefully.

Why Original Trademarks Are Beneficial

Imagine that you create an excellent, high-quality product, and consumers come to know your brand well. When they see your trademark, they want to buy what you are selling. Then, some other company comes along and puts out a subpar product or service while using your trademark or something extremely similar. People purchase it, thinking it is yours, and they are disappointed. This can hurt your business and have a negative impact on your reputation.

Registering Your Trademark

Once you have selected your trademark, it can be registered with the Florida Secretary of State and the United States Patent and Trademark Office (USPTO). It can take a year or sometimes longer for the application to be processed by the USPTO. However, during that approval window, you still may qualify for protection against infringement.

Enforcing Your Trademark

After it is established, if your registered trademark is used without your permission, you can file an infringement lawsuit. A lawsuit over a federally registered trademark could be tried in a federal or state court, while infringement on a Florida-registered trademark will be pursued in state court. Awards in the lawsuit may be monetary, or there may be an injunction filed to stop someone else from using your trademark. In some cases, any merchandise bearing the unauthorized trademark may be confiscated, destroyed, or marked as counterfeit.

Consult a Tampa Intellectual Property Lawyer

At Nelson Cyber Law, PLLC, we are experienced in addressing legal issues related to intellectual property and trademarks. If you need a reliable Florida trademark attorney to help you establish your trademark or file a trademark infringement lawsuit, call 800-440-5536 and schedule your free consultation.

Sources: 

https://www.floridabar.org/public/consumer/pamphlet021/

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