Trademark Lawyer in Lakeland — Helping Our Clients Protect Their Intellectual Property Rights
Intellectual property (IP) is the most valuable thing that businesses and brands own. Among these properties, trademarks carry exceptional importance. They identify a brand in the eyes of consumers. As such, they represent more than just a business — they represent a reputation and the hard work that has built it. If you need to protect this essential form of intellectual property, start by contacting a trademark lawyer in Lakeland.
At DeMichael Law, you’ll work with an IP attorney who’s committed to safeguarding your brand identifiers. You’ve likely done a bit of research on the issue yourself, and if you’re like most people, you were immediately overwhelmed. Fortunately, protecting your trademarks does not have to be a difficult process. Contact a Lakeland trademark attorney at DeMichael Law today to get started.
Why Do You Need to Trademark Your Intellectual Property?
We’ve all seen the TM or registered trademark symbols on products, logos, and other forms of intellectual property. Major companies take this very seriously, but it’s no less important for smaller brands. As mentioned before, trademarks help consumers identify your brand and distinguish it from competitors. However, there are many other benefits to trademarking your intellectual property in Florida:
- 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 shows that you’re serious about safeguarding it. This could 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 this list may seem extensive, it’s far from exhaustive. The value of proper trademark registration cannot be overstated. While you may hear that registration isn’t necessary for protection, this is simply untrue. Using your IP in commerce does convey some safeguards, but only registration with the US Patent and Trademark Office (USPTO) offers full protection. Let a Lakeland trademark lawyer at DeMichael Law assist in this process.
How Do You File for a Trademark in Florida?
When you start using a brand identifier in commerce, it automatically gains some trademark protections. In fact, you don’t even have to register with the USPTO to start using the standard trademark symbol (TM) on your products and services. To get full intellectual property protection, though, you’ll need to go through the registration process. This starts with conducting a trademark search to ensure your mark — or a similar mark — isn’t already in use.
A trademark lawyer in Lakeland can help in this search. Many entrepreneurs try to do this on their own through the Trademark Electronic Search System (TESS), but it’s important to remember that not all intellectual property is listed here. State registrations and common law trademarks are common, so a more in-depth search is needed. Once this is complete, you can file an application with the USPTO.
However, the process doesn’t stop there. That’s why so many individuals contact Florida intellectual property attorneys. Once your application is submitted, you’ll have to work with a trademark examiner to ensure everything is correct. You’ll then need to go through an opposition period where others can oppose your trademark. There are additional steps, and the process is long and tedious. Why not let a Lakeland trademark lawyer handle it for you?
What if Someone Infringes on Your Intellectual Property?
It’s an unfortunate fact, but trademark infringement is on the rise. Such infringement costs the U.S. economy hundreds of billions of dollars yearly. 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?
Speaking with a trademark lawyer in Lakeland is a good first step. They can help you decide the best strategy for your unique situation. In many situations, infringement is accidental or without malice. In such situations, a cease and desist letter from your attorney can do wonders. However, other situations may require takedown notices, injunctions, property forfeiture, and even litigation.
A legal professional can prove invaluable in all these circumstances, so contact DeMichael Law today to speak with a Lakeland trademark attorney.
How Long Will a Trademark Provide Protection?
Unlike copyrights and patents, a brand never has to lose their trademark rights. In fact, one American trademark has been in effect since 1870. This form of intellectual property could theoretically last forever, and that’s one of the factors that makes it so valuable. However, don’t make the mistake of believing that this is automatic. Trademark maintenance is required to maintain protection.
How does one go about this? Fortunately, the maintenance process isn’t required often. At first, you’ll merely need to file the appropriate documents after five and then ten years. From that point on, this will only be required every ten years. A trademark attorney in Lakeland can handle the process when it becomes necessary. That way, you can safeguard your intellectual property while devoting your attention to more important things.
Contact Our Trademark Lawyer in Lakeland Today
Trademarks serve many purposes in the free market. From helping consumers identify your brand to preventing competitors from misusing your intellectual property, the benefits of trademark registration are numerous. However, it’s important to remember that these advantages are not automatic. You’ll need to complete the registration process with the USPTO, and an experienced legal professional can assist with this.
At DeMichael Law, we can handle all these steps for you — from start to finish. It’s likely that most of your time is spent building a strong business, so why get distracted with intellectual property nuances and legalities? Let our law firm handle the tedious work for you while you focus on what matters most? Contact us today by calling (863) 216-1831 to schedule a confidential consultation. Our trademark lawyer in Lakeland is here to help.