Protecting trademarks in Florida is not easy; however, if you do it without an experienced Florida Trademark Lawyer, it is nearly impossible. Although the law does not require you to hire an attorney to help you register a trademark, going into the registration process alone can be one of the biggest mistakes you ever make as a businessperson.
A lawyer will not only help you file documents with the USPTO, they will help you build your brand and make sure your trademarks are strong and, therefore, enforceable. In the business world, protecting your brand is just as important as building it, or perhaps even more important, so you should make sure you work with someone who knows how to use every available legal shield.
In this article, you will learn some critical steps you can take to increase the level of legal protection of your trademarks.
Create Strong Trademarks
In the context of trademarks, “strong” essentially means “unique,” and “weak” means “generic.” The first step you can take to protect your trademarks is to create strong trademarks in the first place. The stronger a trademark is, the easier it is to enforce it, as it does most of the heavy lifting by itself, so take the time to create unique trademarks to represent your business and products and avoid marks that include generic words or words that are merely descriptive of the services and/or products you offer.
Apply for Trademark Registration with the UPSTO
In order for your trademarks to be valid nationwide and for you to have the ability to take legal action against trademark infringers, you will need to apply for trademark registration with the USPTO. With a registered trademark, you will be able to use your mark in other geographical areas without worrying about infringing on other companies.
Once you have created a unique trademark and determined that no other commercial enterprises are using the same mark or a mark that is confusingly similar, you can begin the trademark application process.
Maintain Your Trademark Rights
The first step you need to take to maintain your trademarks rights is to use your trademarks. The purpose of trademarks is to be used in commerce. In fact, using your trademarks is one of the requirements you need to meet in order to be able to register them with the USPTO. When you stop using a trademark in commerce, you start losing your rights over it.
The second step you need to take to maintain your trademarks is to make sure to meet the renewal deadlines. Although you do not have to renew registered trademarks too often, missing the deadlines is easier than you would think.
The third step you need to take to maintain your trademark rights is to monitor and police your trademarks to make sure no one else is using them or using marks that are confusingly similar. When you register a trademark, all you get is proof that you own the mark, that you are using it in commerce, and that you registered it before anyone else. While these three things can be formidable weapons in court, they are essentially useless in the business world, as they will not protect your trademarks from infringement.
Even if you register a trademark, you still have to make sure no one uses it without your authorization, as the USPTO certainly will not do this for you. Failing to police your trademarks could damage the reputation of your business if infringers use your marks to sell inferior products.
Protecting Trademarks in Florida Is Easy When You Work with Experts
Even after you register a trademark, there is still a lot of work to do, as a trademark will not protect itself – someone has to do it. Preferably, someone who knows how to use the available legal shields… and weapons, if necessary.
Monitoring trademarks is not an easy job – it can be a daunting task. The best Trademark Lawyers in Florida offer monitoring services so you can focus on running your business and do not have to worry about finding potential trademark infringers. If scouring the internet to find businesses that are using your trademarks without your permission does not sound like something you would enjoy doing, work with Attorney Romy B. Jurado, a skilled and experienced Florida Trademark Lawyer who can make sure no one damages the brand you have worked so hard to build.
To learn more about trademark protection, schedule an initial consultation today by calling (305) 921-0976 or by emailing [email protected].