A trademark is any type of registered symbol or a mark that identifies the source of the goods or services in commerce for the purpose of differentiating them from those made or sold by others. Shapes, sounds, numbers, and existing words can all be used to constitute a mark.
Businesses often overlook the importance of registering a trademark with United States Patent and Trademark Office (USPTO). Those that do register with USPTO, commonly overlook state laws necessitating additional conflict check requirements to avoid potential confusion with other businesses. Yet, despite having overlooked this important consideration, companies invest a lot of time, money and capital to register their business, market their products, hire contractors, create private labels, enter into binding obligations with third parties, such as landlords, and perform other industry specific functions. Those who are able to secure initial funding often must present personal assets and other collateral as security for initial qualification. By the time a successful business establishes client recognition, as it's primary source of revenue, it has in all likelihood invested considerable financial resources to get there.
Once established, these businesses encounter tremendous hardship when they receive an unexpected notice to "cease and desist" all operations under the specific mark or risk a lawsuit. There have been substantial lawsuits and intricate body of developed case law revolving around trademark infringement, ranging from deceptive practice claims to other violations. Such lawsuits often carry uncertain outcomes and burden businesses with tremendous financial risks and obligations. Should the business decide to rebrand the company upon notice, it may confront other unforeseen costs and expenditures, which can be taxing on a business with low margin of profitability. Loss of established client recognition may have other potentially negative consequences. Therefore, the importance of registering a trademark cannot be emphasized. While trademark registration is not necessary to obtain certain rights, registration offers a number of critical legal and practical benefits, for the business and its clientele, which should not be overlooked. It is critical you hire an experienced Central Florida trademark lawyer who makes sure nothing is overlooked! Contact us today for a free consultation!
Once registered a trade or service mark is valid for 10 years, provided that certain affidavits are filed after 6 years evidencing current use of the mark. You can renew as many times as you like. Trademark can also be lost in a number of ways. For instance, the mark may acquire a generic name or the use of the mark can be discontinued without intention to resume. Courts will look carefully as to whether in these situations your intent to abandon was present thereby justifying said revocation. It should be noted that permitting infringement to occur or the failure to use the mark for 3 consecutive years could, and in some cases is likely, to constitute a prima facie evidence of abandonment.
You do not need an attorney to file for a trademark. However, the application process is complex and hiring a trademark lawyer for legal advice and/or for filing an application will substantially increase the chances of success of the registration process and will help to avoid any potential problems.
It is important to remember that among other factors, marks must be sufficiently distinctive to qualify for protection. For example, generic terms such as "microchip," "computer," "cat," or "Legal Services" are very likely to be considered generic and therefore nonprotectable. To allow for such names to be trademarked would cause tremendous disadvantage to competitors. Other considerations also apply in determining viability of a mark with USPTO. Consulting a Central Florida Business attorney for advice to help secure registration of your trademark can help your business avoid all the risks and pitfall that are a key impediment to healthy business growth. Our trademark lawyer in Central Florida have helped many clients in the past and would be honored to help you too. In an effort to help you our experienced Central Florida trademark attorney has answered some of the most frequently asked questions about trademarks. Feel fre to check them!
Consulting a Central Florida Business attorney for advice to help secure registration of your trademark can help your business avoid many risks and pitfalls in the future commonly associated with trademark infringement and to maintain a healthy business growth. Our Orlando trademark attorney has helped many clients in the past and would be honored to help you too. Please call us at 407-205-2330 for a free consultation. You may also fill out the online form located on this page and our trademark attorney will contact you shortly. We would be honored to assist you. Please feel free to visit our trademark frequently asked questions page for more information on this subject..
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