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Miami is a hub for tourism, entertainment, finance, technology, and international trade. With so much competition in these industries, it’s crucial for business owners to adequately protect the brand they worked so hard to build. Registering the trademark that represents the goods or services you offer with the United States Patent and Trademark Office is the best way to ensure the slogan, logo, design, symbol, or catchphrase by which consumers recognize your brand is safeguarded.
The attorneys at the Trademark Lawyer Law Firm, PLLC understand what your business means to you and how much time, effort, and capital you put into growing it. Having successfully registered more than 6,000 trademarks for business owners in Miami and nationwide, our legal team is committed to helping you shield the mark that makes your company unique. From filing the trademark registration application to monitoring the mark for infringement and fighting for your rights in the courtroom, our firm focuses on one thing — protecting your trademark.
Filing a trademark application with the USPTO is only one aspect of trademark law. Once the USPTO has accepted the trademark and registered it, a trademark owner has a continuing obligation to renew it at specific intervals, monitor it for instances of infringement, and defend it against any wrongdoing by competitors. It’s imperative to assert your rights if you discover another business or individual is using your mark without permission. While your focus should be on building your business, an experienced trademark attorney can handle the intellectual property matters that can significantly impact its growth.
At the Trademark Law Firm, we assist business owners in Miami and throughout the country with a broad scope of trademark matters, including the following:
Our attorneys don’t simply provide legal services — we are dedicated to developing an ongoing professional relationship with our clients and helping them achieve success in their business endeavors. Providing assistance with trademark matters at every stage of business development, we work with entrepreneurs to help them meet their objectives. Whether you want to add to your trademark portfolio, license someone else’s trademark, or market your products internationally, we have the experience and knowledge necessary to help you reach your goals.
When you own a business, registering your trademark is the single most important thing you can do to shield it from misuse by competitors who seek to make a profit off your company’s goodwill. Critically, almost anything that represents your brand can be trademarked — including the name of your business or line of goods, your company’s slogan, or the logo with which consumers associate your business. However, it’s important to understand that the USPTO imposes stringent criteria to register a trademark. If the application is incomplete or filed incorrectly, you could potentially face delays in the registration process or denial.
Since competition is so fierce, it's essential to protect your mark as soon as possible. Although a mark must be used in the marketplace before it can be registered, you can still take measures to safeguard it once you know you will be using it. This can be done by filing an Intent to Use application which serves as a temporary placeholder until the trademark is actually being used in commerce.
The attorneys at the Trademark Lawyer Firm have worked with countless Miami trademark owners and guided them through the USPTO’s trademark filing and registration processes. Our insightful attorneys will diligently assess your mark before filing with the USPTO and evaluate the likelihood of successful registration. If we identify any problems with the mark or discover a similar mark has already been registered, we will help you find a solution.
During the trademark registration process, the USPTO commonly issues office actions after receiving an application. However, this doesn’t mean your mark has been denied registration — it advises you that there is an issue with your application that must be addressed. Office actions must be responded to within a specific time period to avoid delaying the registration process or the abandonment of an application.
There are numerous reasons an office action might be issued. For instance, you may have provided an overly broad or narrow description of the goods with which the mark is connected. The mark might also be generic or lack distinctiveness. Office actions may also be issued when a trademark applicant provides a digital alteration of the mark or did not use it in commerce before filing the registration application.
Regardless of whether you have taken all necessary measures to safeguard your mark, disputes can still arise. If you have encountered an issue concerning infringement, dilution, counterfeiting, or unfair competition, litigation might be your only option. In these cases, it is vital to have the counsel of a trademark attorney who has a deep understanding of the intricacies of trademark law and will fight for your interests.
If your trademark is threatened, your business and bottom line are also in jeopardy. If another company is using your trademark without permission, it’s crucial to take steps to shield it from further misuse. At the Trademark Lawyer Law Firm, we work with our clients to protect and defend their trademark rights in the courtroom and strive to secure the best possible outcome in every matter.
Safeguarding the mark that makes your brand stand out is critical for the success of your business. A skilled trademark attorney can work to ensure you have every protective measure in place. The Trademark Lawyer Law Firm, PLLC provides Miami business owners, entrepreneurs, and startups with a full range of trademark services at cost-effective rates. Contact us today to schedule a free 15-minute consultation with a diligent trademark attorney.
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.
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.
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.
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.
The renewal timeframe for a trademark is between the 9th and 10th 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.
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