Trademark Law

Trademark Law in Florida

A trademark represents the unique identity of your product or business. It is the goodwill that means so much to your business financially. If you lose the exclusive association that the public has with your business and product, it can cost you money. Others may try to take advantage of your work and your investment to appropriate it for themselves. A registered trademark is what gives you rights to your identity and goodwill.

There are many things that the public automatically identifies with a certain brand. They can easily associate a slogan with a company. Distinctive script or lettering also makes customers believe that they are buying a certain product. Companies can invest many millions of dollars over decades to make the public have these associations. You need help from a trademark lawyer to protect your investments.

Someone Can Profit from Your Hard Work if You Do Nothing

There are numerous risks to not having a trademark when it is necessary. Not only can someone get a free ride from your hard work, but they may even trademark what belongs to you, sending you a cease-and-desist letter that demands you stop using your own brand identity. If you have not done the necessary work, they may even be right.

A trademark is an investment that protects your present and future. In order to enforce your trademark rights, you must have registered them with the USPTO and have had your application approved. You need to follow a process to obtain the necessary trademark. Here are the steps to the trademark process:

• You would first need to search through registries to see whether someone else has a similar trademark. You should conduct a broad search using numerous terms to be as careful as possible.
• You would prepare a trademark application to be filed with the United States Patent and Trademark Office.
• You would work with the attorney that the USPTO assigns to review your case, responding to questions that they may have and addressing their concerns
• If your trademark request is denied, you could appeal to an administrative law judge before taking your case to federal court

Trademark Protection Is What Allows You to Take Strong Legal Action

Obtaining a trademark takes time and investment, but the benefits are worth your money and effort. You are better off when you hire an attorney to help you with the process. They would know how to present the best case in your application and then how to communicate with the examiner if it is necessary.

Once you have received the trademark, it could be just the beginning of your experience with it. First, you must actually use your trademark for it to remain effective. Then, you must enforce your rights if you believe that someone has violated them. It is crucial that you take immediate action when you suspect trademark infringement. Any period of time when someone else is taking your rights can jeopardize your brand identity.

Examples of Legally Actionable Trademark Infringements

There may be numerous reasons why a competing product could infringe on your trademark, including:

• The similarity of trademarks would cause customer confusion about who is providing the product or services
• The two trademarks are competing in an area that is too close (either geographically or in the type of product)
• An unauthorized trademark diminishes the value of your own trademark

Trademark disputes can potentially be resolved without litigation if you can communicate with the other party. Litigation can be costly and expensive, but it is sometimes unavoidable. If you are the one who has been accused of trademark infringement, there could be dramatic legal consequences.

“Our attorneys work hard to build a strategy around each case. We walk into court rooms with a complete plan of action.”

David P. Milian

Founding Attorney

Damages in Trademark Litigation

You could seek the following in trademark litigation:

• Monetary damages, including the amount that you lost and the other party’s wrongful gains
• Punitive damages for a willful infringement of your rights
• An injunction to put a permanent stop to the wrongful conduct
• A court order to have the infringing goods removed from the market

Trademark litigation can be complicated because the defendant can respond with their own arguments, explaining why they did not infringe upon your rights. They may even counterclaim to have your entire trademark canceled. Thus, when you are filing a lawsuit, you need a lawyer who has done their homework. At The Milian Legal Group, we are commonsense attorneys who litigate when it is necessary but always look to achieve a favorable resolution of your issue.

Contact a Miami Trademark Attorney Today

When you need a trademark attorney, consider The Milian Legal Group. Our law firm has experience working closely with clients and delivering results. You should engage us early in the process, both for applying for your trademark and forpotential litigation. To speak with an attorney, you can send us a message online or call us today at (786) 808-9736. We can outline your legal options during a free initial consultation.