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Should You Register Your Company’s Trademark?
To register a trademark in Florida, or if you become involved in a trademark dispute or infringement case in this state, you should have the services and advice of a Central Florida trademark lawyer.
The creation of a name, design, logo, or symbol that your customers will recognize instantly – a trademark – is a basic step in the marketing of a business.
The registration of your trademark with the U.S. Patent and Trademark Office (USPTO) provides it with intellectual property protection. Registration may be approved for the owner of a distinctive and unique mark that does not infringe on the rights of any other trademark owner.
Does the Law Require Trademark Registration?
Registering a trademark may involve complicated legal issues and procedures. A Central Florida trademark attorney who routinely registers trademarks can help you navigate these issues and procedures before, during, and even after the trademark application process.
The law does not require trademark registration, but registration establishes your exclusive right to use your trademark on your products and in your advertising and marketing materials. With several specific legal exceptions, only a trademark’s owner may use a registered trademark.
After a trademark is registered in the United States, it is recognized by the nations that have signed the Madrid Protocol, an international agreement that protects trademarks in a number of nations. Trademark registration can take as long as a year, but a trademark’s registration remains in effect for as long as the owner pays the required fees and submits the necessary documents.
How Are Trademark Applications Approved or Challenged?
When you submit a trademark registration application to the USPTO, a trademark lawyer examines it to ensure it meets the legal requirements and searches existing trademarks to determine whether consumers may confuse the mark with an already registered trademark.
If a trademark application clears these hurdles, it is published, initiating a thirty-day period when anyone may oppose the trademark’s registration. A challenge may come from a competitor who believes the mark is confusingly similar to the competitor’s already registered trademark.
The parties will have the chance to negotiate and settle their dispute. If they cannot agree, the dispute may go to trial. Opposing a trademark application upon publication is not uncommon. However, in some cases, a trademark may be challenged even after the owner has registered it.
How Are Registered Trademarks Challenged?
The Lanham Act governs trademarks in the United States. Under the Act, any party that feels it may be damaged by a registered trademark may challenge it. The challenging party must submit a petition asking the USPTO to remove the mark from the Principal Register of Trademarks.
To contest an already registered trademark, a challenger must file a petition with the Trademark Trial and Appeal Board (TTAB) no more than five years after the trademark application’s original publication date.
The TTAB decides if an application may proceed to registration after a challenge or if an existing registration may remain on the Principal Register of Trademarks after a challenge.
What Are the Grounds for Challenging a Trademark?
A registered trademark may be challenged and then revoked if the mark:
- was obtained through fraud
- is not being used in commerce
- has become generic
- is likely to be confused with another trademark
If an application is contested, the TTAB may not allow the mark to proceed to registration. If an existing registered trademark is challenged, the TTAB may cancel it or restrict its use. In other cases, the TTAB may allow trademark registration or maintain an already registered trademark.
Can You Challenge a Trademark in Court?
If you challenge a trademark, in some cases, your Central Florida trademark lawyer may recommend going directly to federal court, where you have the right to request a declaratory judgment, an official statement by the court confirming your right to use the trademark and/or declaring the other party’s lack of rights to use the mark.
If someone sues your company for trademark infringement, your Central Florida trademark attorney may respond with an affirmative defense or with a counterclaim. An affirmative defense insists on your right to use the trademark.
With a counterclaim, you and your lawyer explain to the court that your business is the victim of trademark infringement. Whether you are challenging a trademark or defending your trademark against a challenge, your trademark attorney will develop an aggressive, effective legal strategy.
How Else Will a Trademark Attorney Help You?
If you are a business owner in this state, a Florida trademark attorney will help you register your trademarks, copyrights, and patents. Your trademark attorney can also provide legal insights about protecting your company’s other intellectual properties.
If another party infringes on your trademark or violates your intellectual property rights in any other way, your trademark attorney will take the appropriate legal steps on your behalf. These steps may include filing a trademark infringement lawsuit and seeking damages.
Your trademark and intellectual properties are among your most valuable business assets. If you have any questions or concerns about trademark rights or infringement, or if you need to take legal steps to protect a trademark, speak right away with Florida trademark attorney Melody Lankford at the Lankford Law Firm.
Meet Florida Business Attorney Melody Lankford
Sound legal advice from a Central Florida business attorney can help you protect your business from lawsuits, liability, and criminal prosecution. A Central Florida business attorney will also protect your company’s intellectual property and other assets.
Attorney Melody Lankford provides a friendly, comfortable setting for potential clients to discuss their concerns. The Lankford Law Firm offers advice and insights about every aspect of your business, from intellectual property protection to incorporation, lawsuits, and liability.
The Lankford Law Firm also represents Central Florida business owners accused of harassment, discrimination, and unfair hiring practices. Our clients include independent contractors and employees, start-ups and small businesses, mid-sized enterprises, and corporations.
If you own a business in Central Florida, learn more, and contact the Lankford Law Firm today to schedule your first legal consultation by calling 850-888-8992. Se Habla Español.
