Trademark Attorney in Orlando, Central Florida
A trademark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Registration of a mark is not mandatory but it does provide some advantages.
What is a Trademark?
- A trademark is any word, name, symbol, design or any combination of those, used to identify and distinguish one person's goods from another's.
- A service mark is basically the same thing as a trademark, but it is used to distinguish intangible services rather than products or goods
- Collective membership marks are trademarks or service marks used by a collective group or organization and includes marks used to indicate membership in some association or organization
- A certification mark is any word, name, symbol or design, or any combination of those who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the mark, but others may use it.
Do I need to Trademark my product?
Registering your trademark is not necessary to establish your rights. However, when you register your mark a public record is made of your ownership of the mark and you receive the following benefits:
- You may bring a federal action concerning the mark
- Your mark will be listed in the United States Patent and Trademark Office online database
- Exclusive rights to use the mark
How do I obtain a Trademark?
To obtain a trademark you must complete an application (paper or online) and send it, with the correct application fee, to the United States Patent and Trademark Office. The application process is complex and an Orlando Trademark attorney from NeJame Law would be more than happy to assist you in the process. A Trademark can also help you conduct a search of the United States Patent and Trademark Office database before you file your application to determine whether there is a trademark similar to your already in existence. It may take anywhere from a year to several years for your application to completely process and your mark to register.
How long does a Trademark last?
As long as you file all maintenance and renewal documents in a timely manner, your trademark registration will remain valid.
What is Trademark enforcement?
If you have registered your trademark and believe that someone is using it without your permission you should contact a Trademark attorney from NeJame Law immediately. Two common forms of trademark infringement are:
- Contributory Infringement: An individual may be held liable for another's trademark infringement if they assist in the infringement.
- Inducing Infringement: An individual may be liable for contributory infringement if he intentionally suggests that another person infringe a trademark and the other person does so.
Collateral Use of Marks
An individual may use the words or symbols of an existing trademark as long as they design their mark in such a way that it can be distinguished from the already existing mark. There should be no chance of confusion. If the mark does cause likelihood of confusion, the individual may be liable for trademark infringement.
The source for all copyright information contained herein is: http://www.uspto.gov
Contact an Experienced Trademark Lawyer from NeJame Law
Help is here! If you would like to obtain a trademark or need help protecting a trademark that you already have, contact us immediately. You need an experienced Trademark lawyer on your case. We are available 7 days a week. Call us at (407) 500-0000 or fill out our online form. You can also e-mail us at Civil@NeJameLaw.com. One of our trademark attorneys will contact you back shortly. We value your privacy and will keep any information strictly confidential.