In the past, the value of a business was heavily associated with its tangible assets, such as cash, real estate, investments, and physical assets in general (e.g., vehicles, inventory, etc.). However, the ever-expanding digitalization of businesses changed it dramatically.
Currently, the market determines the value of a company by its intangible assets, which are not physical, such as patents, films, copyrights, and trademarks. Trademarks are crucial communication tools, especially when it comes to distinguishing brands and raising consumer awareness.
In this article, you will discover what a trademark is and how a Florida trademark attorney can help you.
Explaining Trademarks – General Concept and Importance
As defined by USPTO (the United States Patent and Trademark Office), a trademark can be “can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.”
In essence, a trademark is how consumers recognize a specific product or service in the market, distinguishing it from competitors. In the United States, all types of intellectual property – including trademarks – have a significant extent of legal protection.
Historically, trademarks laws are part of US common laws, but the first official Act that passed nationwide legislation focused on trademarks was the Lanham Act. Enacted in 1946, the Lanham Act is the nation’s primary trademark statute of law.
Amended in 1996, the Act still provides a comprehensive and detailed approach to trademark protection, especially regarding illegal activities such as trademark infringement, trademark dilution, and false advertising.
At the state level, several states have their own legislation to protect trademark rights. In the Sunshine State, state law has a three-pronged approach on trademark protection- Florida common law, Florida Statutes (Chapter 495), and Florida case law.
Trademark in Florida – Why is it Crucial to Work with a Local Trademark Attorney?
Identifying the Ideal Trademark
In Florida, business competition may be brutal sometimes, which means companies have to put a lot of effort into creating the right trademark. In this sense, an expert Florida trademark attorney will help by providing valuable insights and identifying the ideal trademark for a business.
Filing for Trademark Registration
Companies in Florida can register a trademark both at the state and federal levels. In Florida, the entity responsible for registering trademarks is the Department of State – Division of Corporation.
At the federal level, entrepreneurs can file a trademark registration directly with the United States Patent and Trademark Office (USPTO). Although the guidance of a trademark attorney is not mandatory, it is still the best approach.
The process of registering a trademark has plenty of complexity involved. A legal advisor can avoid many costly mistakes and save a significant amount of time for entrepreneurs.
Trademark Protection Strategy
After registering a trademark, an expert Florida trademark attorney will set up a comprehensive trademark protection strategy to anticipate possible issues and prevent them in the future.
To turn it into reality, the attorney must have a deep knowledge of federal and state trademark laws.
Enforcing Trademark Rights in Court
When a trademark infraction occurs, the injured party must enforce their rights in court. Hence, a trademark attorney must have court experience to defend a client and proceed with a lawsuit as necessary, either in federal or state courts.
Typically, entrepreneurs are always on a tight schedule. Consequently, trademark owners cannot spend their time monitoring their marks to identify individuals or businesses using their intellectual property illegally.
A trademark lawyer can easily solve this problem using pro-level trademark protection tools. In short – the best approach is to let an experienced lawyer make it for you while you can focus on growing your company.
Protect Your Trademark in Florida – Work with Jurado and Farshchian, P.L.
If you want to protect your trademark in Florida, you cannot waste time with amateurism – you deserve the best legal assistance! Call Attorney Romy B. Jurado today at (305) 921-0440 or send an email to Romy@jflawfirm.com to schedule a consultation.