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IL trademark lawyerAs a company ventures into the global marketplace, nothing is more valuable to them than establishing a recognizable and attractive company identity. With many of today’s biggest corporations, the brand itself is essentially more popular than any of the company’s products. In other words, brand is everything. A trademark is defined as a branding tool that essentially sets your product or business apart from the rest of the competition. In today’s online economy every corporation should understand the way in which company security has changed. Trademark infringement can lead to a costly domain dispute and ultimately cost you your company.

Mistakes to Avoid in Registering Your Trademark

A trademark is the backbone of a company’s identity. From an engaging image to a catchy phrase, your trademark’s viability can make or break your company. Once you have established a trademark that you believe will draw prospective clients in, it is critically important to establish protections for your trademark. Thus the first step to take is registering your trademark with the United States Patent and Trademark Office (USPTO).

Unfortunately, many costly mistakes can be made during the USPTO’s registration process. First of all, one must decide what kind of trademark they are registering for. For instance, a small local company may apply for a “™” symbol trademark, but a larger company should not. The reason behind this is that a “™” trademark protection only holds water within a specific geographical boundary of your company’s operation. Another common mistake made in trademark registration is failing to research whether there are other trademarks identical or similar to your idea. Failure to research other trademarks could cost you your trademark, valuable time, and at worst a costly lawsuit.

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FL IP lawyerA trademark can mean everything to the viability of a business. A trademark is defined as a phrase, symbol, or word utilized to identify a business. For many of the country’s most successful businesses, their trademark has become a meaningful aspect of our consumer society. All that understood, here in the United States trademark infringement is taken incredibly seriously. The punishment for trademark infringement can ruin a person’s reputation and financially devastate their financial goals. Below we will examine just what trademark infringement truly is, and what the legal ramifications of infringement can be. If you have been accused of trademark infringement, it is paramount to speak with a qualified attorney immediately.

What Is Trademark Infringement?

In the event of trademark infringement, the trademark owner has the right to file a civil lawsuit addressing the violation. The process of infringement takes place when a person or corporation’s intellectual property is utilized, reproduced, or even sold without the company’s permission. In order to prove that infringement took place, there are a number of criteria that must be met. For instance, the trademark in this instance has to be owned by the victim. The attorneys for the victim also must be able to prove that the accused had access to the trademark and knowingly used the trademark without the permission of the owner.

What Trademark Infringement Could Cost You

Due to the financial toll that trademark infringement can take on a company, the punishment for infringement can be significant. Trademark infringement can constitute either a civil or criminal offense. In a civil copyright infringement case, a person may have to pay up to $30,000 in infringement fines. In a case in which the offender was willfully infringing they could be forced to pay as much as $150,000. It should be noted that trademark infringement can cost you in more than just finances. For additional information on the impact of a trademark infringement accusation, contact our team of cyberlaw professionals.

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Tampa trademarks and intellectual property lawyerHow exactly can your trademark be infringed upon? According to the United States Patent and Trademark Office, trademark infringement occurs when anyone uses your trademark without permission “on or in connection with goods and/or services” in a way that will “cause confusion, deception, or mistake about the source of the goods and/or services.”

This means that trademark infringement occurs if the use of your mark, or something too similar, might cause consumers to become confused, even if the infringing party used your trademark unintentionally. This is why individuals and companies must be careful when choosing a trademark in the first place, since a trademark should not be something that can be easily confused with other marks. Trademark protections allow you to protect your brand from being associated with others that may not offer the same quality of work or products that you do.

Determining Whether Your Trademark Has Been Infringed

There are several factors that go into establishing that your trademark has been infringed before taking legal action. Your trademark must have been legally established first, prior to the other individual or company using the mark. The infringing use of your trademark must be similar enough that people could be confused in some way when buying the goods or services. 

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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.

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Florida trademark attorneyAs a business owner, you most likely have created some valuable intellectual property (IP) that should be trademarked. But are you clear on the definition of a trademark? This article will explain what types of IP can and cannot be trademarked.

FYI, the term “trademark” in its narrowest sense is used in reference to products while the term “service mark” is used in reference to services (e.g., Jiffy LubeⓇ oil change service). However, the term “trademark” is commonly used in reference to both products and services because the same US law generally applies to both.

What Is a Trademark?

A trademark is something that makes it easy for consumers to recognize your brand when they see it. It can consist of words, graphic elements, or both.

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intellectual property attorney, protect your trademarks, Florida intellectual property attorneys, copyrighted material, Patent logosOften times, to the untrained eye, the Internet seems like a vast maze of information, images, advertisements, and videos. With the constant flow of data, it is sometimes difficult to differentiate the authentic from the imitation. It is just that confusion and uncertainty which emboldens unscrupulous types to appropriate the intellectual property of others and use it for one's own purposes.

Laws protecting intellectual property encourage creation, development, and innovation of ideas; however, when your company does business online nearly everything about it is accessible to anyone with an Internet connection.

Does Theft or Misuse of Intellectual Property Really Occur?

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