Trademark Lawyer in Lakeland

Helping Our Clients Protect Their Intellectual Property Rights

In today’s modern world, intellectual property (IP) is the most valuable thing businesses and brands own. Of all the various properties that businesses can utilize, trademarks are of exceptional importance. Trademarks are icons that help consumers easily identify a brand.

Additionally, trademarks represent more than just a business; they symbolize a company’s reputation and the hard work that has gone into building it. If you are a business owner and need to protect one of your most essential forms of intellectual property, start by contacting a trademark lawyer in Lakeland immediately.

You have most likely researched the issue yourself, and if you are like most people, you are immediately overwhelmed. Fortunately, protecting your trademarks can be a smooth process.

Trademark lawyers are familiar with the legal intricacies of filing trademark applications and what it takes to protect client’s business interests. DeMichael Law has comprehensive experience helping business owners with their IP needs. When you come to us for help, you will work with an IP attorney who is committed to safeguarding your brand identifiers.

Contact a Lakeland trademark attorney at DeMichael Law today to get started. For your convenience, we offer free consultations so we may professionally evaluate your case and determine what legal strategies will suit your needs.

What Can Be Trademarked in Florida?

Florida law stipulates that any symbol, name, word, device, catchphrase, or combination may be trademarked to identify a business product. A trademark is also a method of distinguishing a company’s unique product from similar ones others sell. Finally, trademarking IP assets is wise, as doing so can increase business value.

However, even though symbols, phrases, and other items may be protected, some things cannot be trademarked. For example, works of art or inventions protected by copyrights and patents may not be trademarked. Other examples include:

Corporate names previously registered
Obscene or offensive marks
Previously registered marks that have been used in Florida which are still active
Depictions of U.S. and state flags or seals or those belonging to other countries
Generic names for a product or service
Brand elements that do not identify the source of the product or service

It is always best to consult a knowledgeable trademark lawyer before deciding what logo, symbol, or catchphrase to protect. One of the last things you want to do as a business owner is to be sued and spend time and money dealing with intellectual property litigation.

Our law firm has extensive experience in trademark law and can help you make well-informed decisions that will provide robust intellectual property protection. To learn more about what can and cannot be trademarked, contact our Florida attorney, who will gladly answer your legal questions.

Why Do You Need to Trademark Your Intellectual Property?

We have all seen the TM or registered trademark symbols on products, logos, and other forms of intellectual property. Major companies are always on the alert to try to identify trademark infringement and have legal teams dedicated to protecting their logos or brand identifiers. Nevertheless, trademarks owned by small businesses are no less important than those of better-known corporations.

As previously mentioned, one of the most essential roles of trademarks is to help consumers identify your brand and distinguish it from competitors. However, there are several other benefits to trademarking your intellectual property in Florida, including:

Exclusive rights and protection: A registered trademark provides a legal presumption of ownership and prevents others from using similar marks that could create a likelihood of confusion
Nationwide protection: While you can file for trademark protection on a state level, federal registration protects your IP across the country
Deterrence: Federal registration creates a public record of your trademark and demonstrates that you are committed to safeguarding it. Federal registration can also deter potential infringers
Legal remedies: Federal registration provides additional legal remedies for trademark infringement
Licensing and franchising: After registering your trademark, it becomes easier to license its use and create franchises

While the list detailing the benefits of trademarking your intellectual property may seem extensive, it is only a brief example of the potential benefits available. The value of proper trademark registration cannot be overstated. Others may try to tell you that trademark registration is not necessary for protection. However, this is simply untrue. Using your IP in commerce does convey a certain degree of safety, but only registration with the US Patent and Trademark Office (USPTO) offers complete protection.

How Do You File for a Trademark in Florida?

When you begin using a brand identifier in commerce, it automatically gains some trademark protections. As a matter of law, you do not even have to register with the USPTO to start using the standard trademark symbol (TM) on your products and services. However, you must undergo the trademark registration process to gain complete intellectual property protection. The legal process starts with conducting a trademark search to ensure your mark or a similar mark, is not already in use.

A trademark lawyer in Lakeland can help you determine if your mark or one similar is already in use. Many entrepreneurs search independently using the Trademark Electronic Search System (TESS). Nevertheless, it is important to remember that not all intellectual property is listed on TESS. State registrations and common law trademarks are prevalent, so a more in-depth search is always best. Once an in-depth search is complete, you can file a trademark application with the USPTO.

However, the legal process continues beyond the use of the USPTO. Once your application is submitted, you must work with a trademark examiner to ensure every aspect of your trademark is accurate. You will then need to go through an opposition period where others have the opportunity to oppose your trademark. Due to the tedious legal complexities involved with filing a trademark application, it is wise to allow a Lakeland trademark lawyer to assist you.

Contact our trademark lawyer in Lakeland, FL, who can provide the legal services you need to file a trademark application and confidently face the future, knowing your assets are protected.

What if Someone Infringes on Your Intellectual Property?

It is an unfortunate fact, but trademark infringement is on the rise. Trademark infringement costs the U.S. economy hundreds of billions of dollars annually. On a smaller scale, infringing activities can take money out of your pocket, damage your reputation, confuse consumers, harm your licensing opportunities, dilute your brand, and even cause you to lose trademark protection. So, what should you do if infringing activities are occurring?

One of the first steps you must take to protect your business is to consult with a trademark lawyer in Lakeland. An attorney can help you decide the best legal strategy for your unique situation. In many situations, infringement is accidental or without malice. In these situations where the other party did not intentionally try to infringe on your IP, a cease and desist letter from an attorney may be enough to stop their actions. However, other situations may require take-down notices, injunctions, property forfeiture, and even trademark infringement litigation.

A skilled legal professional can prove invaluable in these circumstances, so contact DeMichael Law today to speak with a Lakeland trademark attorney who can protect your hard-earned investments.

How Long Will a Trademark Provide Protection?

Unlike copyrights and patents, a brand never has to lose its trademark rights. In fact, one American trademark has been in effect since 1870. Using a trademark to protect intellectual property could theoretically last forever and is one of the factors that makes it so valuable. However, do not make the mistake of believing that trademark protection will automatically occur without putting in any effort. Florida law requires trademark holders to perform routine maintenance to maintain protection.

Fortunately, the maintenance process is not frequently required. At first, you will merely need to file the appropriate documents after five and then ten years. After the ten-year mark, you must only file every ten years. An experienced trademark attorney in Lakeland can easily help you with the renewal process when necessary. Allowing a trademark lawyer to assist with renewal can safeguard your intellectual property while devoting your attention to more important things like growing your business.

Contact our Polk County law firm to schedule a meeting to discuss how we can help you maintain your trademark and allow you to focus on growing your business.

What Makes Your Trademark Lawyer the Best Choice to Help Me With My Legal Needs?

Trademarks serve many purposes in the free market. Business owners must carefully protect their IP in today’s highly competitive market. Trademark registration has numerous benefits, including helping consumers identify your brand and preventing competitors from misusing your intellectual property.

However, it is important to remember that these advantages do not renew automatically. Therefore, hiring a legal professional is one of the best steps to maintain compliance and ensure that you remember to complete the registration process routinely with the USPTO.

At DeMichael Law, we can handle all these steps for you from start to finish. Most of your time is likely spent building and maintaining a strong business, so why get distracted with intellectual property nuances and legalities? Let our law firm handle the tedious work while you focus on what matters most. Contact DeMichael Law today by calling 863-216-1831 to schedule a confidential consultation. Our trademark lawyer in Lakeland is here to help.