Miami Trademark Litigation Lawyer

In today’s competitive marketplace, your brand can be one of the most valuable assets. Your brand can include your business name, product packaging, slogans, and even certain design elements. Having a trademark can set your company apart, helping your business thrive. Customers may look towards your trademark as a way to know they can recognize and trust your products and your services. However, trademarks can come with risks, but our team can help. Call us today to work with our Miami, FL trademark litigation lawyer!

Miami, FL Trademark Litigation Lawyer

Trademark litigation is a specialized area of intellectual property law focused on resolving conflicts involving trademark rights. In a vibrant business environment like Miami, where industries range from hospitality and tourism to tech, fashion, and international trade, trademark disputes occur more often than many business owners realize. Of course, in today’s world, with everyone connected, global trademark disputes can arise as well. Whether another company is infringing on your trademark knowingly or unknowingly, or they’re misrepresenting your brand, our team can assist! Our team will evaluate the strength of your case, gather evidence, and determine the best approach. Sometimes, the solution can be as simple as a cease-and-desist letter. Other times, we may need to take more aggressive approaches, like filing a lawsuit in federal court. Our team understands both local and federal and federal trademark laws. Often, trademark lawsuits hinge on very specific legal standards like the likelihood of consumer perception and confusion. We can build a strong case. Clients don’t just come to us when they need to file a lawsuit. Our team can also defend you if someone accuses you of violating their trademark. Coincidences and mistakes can arise, and our team can defend you. We’ll help you understand your rights, evaluate the validity of the other party’s claims, and craft a solid defense.

Our Experience Matters For Trademark Litigation

Whether another business is infringing on your trademark or you’re being accused, our experienced Miami trademark litigation lawyers are just a call away!

J.J. Lee is our principal and founder, and he has over 15 years of experience in helping entrepreneurs and business owners. He founded our law firm over a decade ago with the promise of giving business owners big-firm trademark experience with family-level care. To date, he’s registered 7,000+ trademarks and guided clients through refusals, TTAB disputes, and enforcement.
Erin C. Bray is our trademark and copyright attorney, and she has over two decades of experience. She received her Juris Doctor from Ave Maria School of Law in Ann Arbor, Michigan.
Maura LeMay is a paralegal with over ten years of legal experience in supporting attorneys and businesses. She’s passionate about intellectual property law, and she specializes in areas like trademark applications, office action responses, and renewals.

Whether you’re needing to protect your trademark or facing a lawsuit, our legal team is eager to help. Discover the services our Miami trademark litigation lawyer provides by calling us today at Trademark Lawyer Law Firm to schedule a consultation!

Over 7,000 Trademarks Successfully Registered

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FAQ

What are Trademark Application Suspensions?

Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.

What are Disclaimers for Trademarks?

A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.

What is the Supplemental Registry?

If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.

What is the Date of First Use?

Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.

What is the Renewal Timeframe for a Trademark?

The renewal timeframe for a trademark is between the 9^th and 10^th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.

Miami Trademark Litigation Lawyer

Miami, FL Trademark Litigation Lawyer

Our Experience Matters For Trademark Litigation

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Trademark Lawyer Law Firm

Over 7,000 Trademarks Successfully Registered

FAQ

Meet Your Team

J.J. Lee

Erin C. Bray

Experienced Trademark Attorneys Committed to Protecting Your Brand

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Miami Trademark Litigation Lawyer

Miami, FL Trademark Litigation Lawyer

Our Experience Matters For Trademark Litigation

Client Review

Trademark Lawyer Law Firm

Over 7,000 Trademarks Successfully Registered

FAQ

Meet Your Team

J.J. Lee

Erin C. Bray

Experienced Trademark Attorneys Committed to Protecting Your Brand