Trademark Lawyer Melbourne, FL

Patent Litigation, Intellectual Property, and Trademarks – Melbourne, Florida Attorney

Intellectual Property, and Trademark protection attorneys and lawyers in
Melbourne, Florida: Brevard County

Intellectual property law, as a specific area of business law and includes trademarks, and licensing. Often this area of the law is complex and esoteric, but it is a necessary part of a properly designed business endeavor. Trademarks and Patents are legal instruments created to establish ownership in the creation, design or innovation of a product, design mark, or even a process. It is a very important part in business establishment and protections from copycatters and cheaters. Intellectual Property can take many forms and entail many aspects of legal sub-specialties. To properly execute legal protections for intellectual properties, it is essential that you or your business consult with n experienced property law firm attorney that can assist you in establishing and protecting your legal rights.

The areas of intellectual property we can assist you with include:

• Business Registration
• Copyrights
• International Patents
• International Trademarks
• Invention Protections
• License Agreements
• Logos
• Non-Disclosure Agreements
• Sign Marks
• Trade Secrets

What is a Trademark?

A trademark is a word, phrase and/or symbol that identifies and distinguishes one good or product from another. A service mark is very similar to a trademark; however, a service mark is a mark identifying a service rather than a physical product. The owner of a trademark or a service mark can prevent others from using their mark in the market place. They can also prevent the use of a word, phrase or symbol that is likely to cause confusion with the owner’s mark. This protection only applies to the geographic area where you are actually using the mark and limited surrounding areas. The benefit of federal registration of your mark is that you can expand this area of protection nationwide.

Trademarks vs. Patents

Unlike a trademark, which protects a word, phrase and/or symbol, a patent protects an invention or new innovation. The owner of a patent is granted the right to exclude others from making, using or selling their invention for a set period of time. Unlike patents, trademark protection is not limited to a set period of time. As long as the mark’s registration is properly renewed, trademark protection can last indefinitely. Both patents and trademarks offer their owners an exclusive property right. This property right can be sold, transferred, or assigned. If another person or company infringes on your property right by using your mark or invention, you can file a lawsuit to stop their infringement of your trademark or patent. Our attorneys can help you decide whether a trademark or patent is right for your business.

Registering Your Mark

Registration of your mark provides notice to others of your claimed ownership in the registered mark. Registration also expands your geographical area of trademark protection. Arcadier, Biggie & Wood, PLLC can help you register your trademark or service mark in Florida, the United States or internationally. Prior to selecting your mark, you should consult with our trademark attorneys. Often times, business owners adopt a mark without considering whether that mark can be registered. Problems arise when the registered mark is already in use by another. It is important to consider how much protection a particular trademark will provide. The words that you choose for your trademark are crucial in determining how much protection your mark will provide. By consulting our lawyers at the start of your business venture, you will save valuable time and money that would be lost investing in a poor trademark choice.
Arcadier, Biggie & Wood, PLLC offers services in several areas of law, including business law, property law and trademark law and patent law. Our attorneys can provide comprehensive advice for starting your new business by offering advice in the selection of your trademark, patent submittals, registration of your mark, incorporation of your business, the purchase, sale and lease of property, and drafting of contracts. Learn more about Why You Should Have a Trademark Lawyer. If your mark is infringed upon, our litigation attorneys can file suit to stop the use of your mark by others and protect your rights, including sending cease and desist letters, filing for injunctions and injunctive proceedings. Patent law often involves many areas of law which may require many different types of legal specialties. At Arcadier and Associates, we are eight experienced and qualified attorneys ready to assist you in the full scope of business needs. Don’t allow your business to be unprotected. You should protect your intellectual property and rights with the appropriate patents and trademarks applications. If your intellectual property needs require international protections, take advantage of our international legal connections with AV rated firms from around the world.

If you have a business need including filing patents, trademarks, sign marks or seek other types of intellectual property protections as afforded by federal law and trade agreements, Arcadier, Biggie & Wood, PLLC can help. A straight-forward consultation with one of our attorneys can protect your business interests and give you the legal protections need from an unscrupulous infringement on your property and rights.

If you have come up with a trademark for your business, it is time to get it protected with the help of a trademark attorney Melbourne, Florida trusts. Trademark law can be very helpful in shielding your business and your assets, but for the beginner, it can seem a bit confusing. Here we answer some frequently asked questions about trademark law to ensure you are as informed as possible. If you are looking to speak with a Melbourne trademark attorney right away, contact the lawyers at Arcadier, Biggie & Wood, PLLC today.

What is a trademark?

A trademark is something that is used as an identifier of goods from one manufacturer to the other. Simply put, it is a brand name or logo and can include anything from words and names to symbols and pictures.

Why are trademarks important to have?

Trademarks are important because they help a company establish brand awareness and differentiate themselves from a competitor. They can be considered the face of a business, and are seen as a guarantee of quality and good service. Think of it this way: if your customers have a good experience with you, they will remember how you made them feel, and immediately associate that with your trademark!

What should I include in my trademark?

No two trademarks are exactly the same, but there are some things that work pretty well in creating a successful logo. A Melbourne, FL trademark attorney can recommend commonly used criteria, like making sure it is:

• Easy to read, spell, and pronounce.
• Easy to be exported into other markets and regions — meaning people from around the world will be able to recognize your logo just as easily as those in your native country.
• Does not have any adverse meaning in any language.
• Clear and does not create confusion as to what it is.
• Adaptable to all other advertising channels

Are there different categories of trademarks?

Ideally, your trademark should fall under one of the following categories:

Arbitrary Marks: Words that have a real meaning in one given language but they don’t have any relation to the product itself. A good example of this would be the word “apple” for MAC computers.

Coined Words: These are words that do not have any specific meaning in a language, but are known as the product itself. They are great for trademark law because they are considered to be distinct and special. Examples include “Kleenex” for tissues, and “Kodak” for photo film.

Suggestive Marks: These hint at one or a couple of the attributes of a product. They work great as they act as built-in advertising.

Can I register my business name as my trademark?

Yes, if it can be considered distinctive enough. If you have an unusual name with an interesting spelling, you would be more likely to get this approved to be trademarked.

Can I use a trademark even if it has been used for many years?

Yes, prior use is a great way to claim rights over a trademark. Even if it has been used for many years, it pays to protect yourself and invest in a trademark as soon as you have a distinctive one under your belt.

Finding a Melbourne, FL Trademark Attorney You Can Trust

If you have any additional questions about trademark law and how you can protect your business, do not hesitate to contact our professionals today to learn more. Get in contact with the trademark attorney Melbourne, FL trusts from Arcadier, Biggie & Wood, PLLC.

Rules and Considerations of Trademarks

At Arcadier, Biggie & Wood, PLLC, each trademark attorney Melbourne, Florida trademark attorney is dedicated to providing every client with clear, easy to follow rules that may help to steer their company in the right direction. Part of these rules include the use of a trademark. Most businesses will be required to follow individual guidelines that pertain specifically to their trademark. This not only protects you from potential legal problems, but also facilitates and strengthens your rights as the trademark owner.

Before you begin to use your trademark in your brand packaging, you might consider creating a small manual that employees can refer to for further clarification. If you’re unsure about whether or not you are using your trademark correctly, you can consult a Melbourne, FL trademark attorney from our firm.

Avoiding Commonly Used Terms

Before you register a trademark, you should ensure that it does not include terms commonly used in your industry. If you do use these words, you may need to include a legal disclaimer that declares you having not actual rights to the word(s) other than the displayed mark. If you do not include this, you may be limited in terms of legal protection.

It is a common misconception that any mark which describes a quality, purpose, or specific characteristics are stronger. This is not necessarily true and could actually be considered a deceptive or weak mark. The USPTO is more apt to decline these types of marks unless there is a secondary meaning which means the consumer has associated the mark with one source (i.e. your brand). In general, it takes many years before the USPTO considers a mark to have a second meaning.

Trademark Conflicts

When a potential conflict exists between one or more marks, you should avoid using your intended mark. A trademark attorney in Melbourne, FL can explain this to you in further detail. By failing to take this precautionary measure, you could risk competitive legal challenges including litigation.

Filing a Trademark Before Using It

It is not a good idea to wait until you have launched your product or service to file your trademark. You can begin the process as soon as you decide you need to trademark something. A trademark attorney might advise you to file the mark on an “intent to use basis”; however, to do so, your intent must be valid and connected to your product or service.

Trademark Applications Are Technical

At first glance, a trademark application may look relatively simple. Before you decide to take a DIY approach to register your trademark, you should realize that the applications are considerable technical and require in-depth knowledge. Failing to complete the application in the correct manner could result in a denial.

Are You Ready to Register a Trademark?

If you would like to register your trademark or have concerns about intellectual property, you can call the trademark lawyers from Arcadier, Biggie & Wood, PLLC. We will be happy to answer your questions and review the process in full detail during a consultation. Call a trademark attorney Melbourne, FL clients recommend today.