By: Spencer Munns
Trademarks are a vital part of intellectual property law. Your trademarks protect words, images, or phrases that your business uses to distinguish itself from competitors. One of our trademark lawyers in Orlando can help you register your trademarks and enforce them against infringement.
If you believe another person or entity is using your trademarks without permission, you can pursue legal action against them. Bogin, Munns & Munns is prepared to assist you with pursuing a trademark or protecting an existing mark from abuse.
How a Trademark Lawyer with Our Firm Could Help
We can assist you with trademark issues during the registration process or when enforcing a trademark once it is registered. Some of the ways our lawyers could help include:
- Research. The research that occurs prior to the registration process is one of the most important steps. If you fail to thoroughly research existing trademarks, you could find yourself in hot water. Your attorney can perform this research on your behalf and help ensure you are protected when filing your next trademark application.
- Consult on design. The specifics of your proposed mark are important. Our firm could consult on whether your design is strong enough to protect your rights or could be made clearer.
- Monitor deadlines. There are deadlines you must be aware of regarding follow-up filings after your trademark is registered. Your attorney could monitor these deadlines on your behalf.
- Advice during registration. While it is true that the S. Patent and Trademark Office can provide a degree of help during the registration process, what they cannot do is give you legal advice. Our team can advise you on your best course of action as well as the potential legal challenges you might face in the future.
- Application preparation. Your attorney could reduce the stress of a trademark application by handling the process on your behalf. This work includes ensuring your marks are appropriately detailed and your IP is protected.
- Dealing with rejection. The federal or state government could reject your trademark application. Following a rejection, an attorney with our firm could help you pursue reconsideration, fix errors, and move the registration process forward.
- State vs. federal considerations. It is possible to register a trademark at both the state and federal levels. Whether to register your trademark at one or both of these options is an important consideration. While additional registrations might add more protection, they can also drastically increase your costs.
To consult with an experienced trademark lawyer serving Orlando
(855) 780-9986
The Trademark Registration Process
The process of registering a trademark can be long and time-consuming. This process requires precision, as a mistake at any stage could have long-lasting consequences. Registration requires the following steps:
- The first step involves carefully researching existing trademarks for conflicts. This step is vital, as it could result in expensive errors and the possibility of litigation if not completed correctly. This research should determine whether another entity has applied for, owned, or abandoned a trademark similar to the one you currently seek.
- If the search does not turn up any conflicts, the next step is to submit an application. The application process is long and complex. Accuracy is critical, as a minor error could cause costly delays or even a denied application.
- Once you submit your application, it is time for the government to review the documents. This is not a quick process. In most cases, expect between six and nine months before receiving a response to your application. During that review, they will determine if your trademark would infringe on any existing marks or lead to confusion among consumers. After this period, the USPTO will either accept or reject your application.
- The process will continue even if your application is accepted. The next step is referred to as “Publication for Opposition.” This formal notice period provides interested parties that could have a problem with your trademark to register the objection. If there is an objection, there will be a hearing to determine its validity. Otherwise, you will receive a certificate of ownership of your trademark.
These steps are not the end of the process for trademark registration. Once the trademark is set, you will be required to prepare periodic filings in the future. These so-called “maintenance filings” are required twice within ten years of the original registration. After that, another filing is due every ten years. Failing to complete these filings could put your trademark at risk.
Understanding Trademark Infringement
Registering a trademark is an important step, but registration alone will not always protect your brand. Infringement can still occur even when you have registered your trademark according to state or federal law.
Trademark infringement refers to the unauthorized use of a trademark in a manner that is likely to cause confusion. Typically, infringement claims relate to competitors using a similar trade or service mark in order to imply a relationship with the registered trademark. These efforts could result in stolen business or unfair advantages.
Taking Legal Action
Legal action may help with cases of trademark infringement. Our firm could help enforce your trademark by pursuing all of the legal remedies available to you. These remedies can include:
- An injunction ordering the defendant to refrain from using the registered trademark
- A court order requiring the defendant to destroy all offending marks
- Seeking the full amount of your attorney fees and court costs
- Seeking a monetary award, including any damages you suffered due to lost profits
Orlando Trademark Lawyer Near Me
(855) 780-9986
Discuss Your Options with Us
Given the complexities of trademark law, undertaking registration or infringement enforcement on your own can become overwhelming. There is a great deal at stake in these cases, and even minor errors could have lasting consequences for your business.
Bogin, Munns & Munns understands the ins and outs of trademark law. Whether it is litigating an infringement case or assisting you with applying for a trademark, our team is ready to help.
Before you pursue a trademark application on your own, call to discuss working with an Orlando trademark lawyer at our firm.
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