Trademark Attorney Melbourne, FL
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.
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.