Florida Patent Attorneys & IP Lawyers : Florida Intellectual Property Law Blog

Under common law, the first person to use a trademark on a product in actual commerce, is considered to have trademark rights. Before the 1990s, one could only establish trademark rights by using the trademark in commerce on actual products. At present, intent to use trademarks can now be filed with the United States Patent & Trademark Office, even though the actual federal registration will ... Read More

If the Trademark Examiner deems the application acceptable, the trademark is then set for publication in the Official Gazette of the United States Patent & Trademark Office. This notice of publication provides a thirty day period for any opposition or extension of time to oppose to be filed. If it is a use based application and there is no opposition, the Examiner then grants the registration... Read More

In order to establish trademark rights, a federal registration is not required. The actual use of a trademark gives rise to common law rights. Typically, the first to file an intent to use application with the United States Patent & Trademark Office or actually use the trademark in commerce can claim ultimate registration rights. As discussed in a previous article, however, there are many ben... Read More

Your corporate name, along with the brand identity established by your products or services, could become your most valuable asset. A strong brand identity can help prevent your company, product, or service from becoming a commoditized item, helping to insulate your company from the effects of price competition. Typically, trademarks tend to continuously increase in value as the products or servic... Read More

Trademarks are generally classified into one or more categories by the United States Patent & Trademark Office, namely, generic, descriptive, suggestive or arbitrary. Marks receive differing degrees of protection based upon their particular classification. Generic marks: Trademark rights cannot exist in trademarks that are considered generic. A generic term is the common ordinary name of a go... Read More

The interaction between trademarks and domain names has created a minefield of potential dangers to businesses. Without proper trademark protection through the United States Patent & Trademark Office, a company’s reputation and goodwill can be “kidnapped” by so-called cyber-squatters. Proper trademark protection can provide a potent barrier to would-be cyber-squatters. Obtai... Read More

Trademarks are valuable assets of a business and continuously increase in value as the products or services they represent gain brand recognition and consumer loyalty. Over 90% of the market capitalization of Yahoo! is based on its brand equity. Other companies, including BMW, Nike, Apple and Ikea, have brand equity valuations exceeding 70% of the company’s total market value. Not surprising... Read More

Many business owners believe that filing for a business license, submitting articles of incorporation, or submitting a fictitious business name statement gives them exclusive rights to use their name as a trademark and prevents competitors from using similar identifying marks nationwide. As any qualified intellectual property attorney familiar with the United States Trademark and Patent Office reg... Read More

Trademark law provides the exclusive right to use a trademark that serves to distinguish the goods of one person from another. A trademark typically is a word, phrase, logo, design, symbol, or a combination thereof. Trademarks serve to identify the source of a particular good, while Service marks identify the source of a particular service. Brand Names – Words used by a company to identify t... Read More

An Affidavit of Use must be filed for a trademark registration to remain valid. This affidavit must be filed with the United States Patent & Trademark Office between the fifth and sixth year following registration, and within the year before the end of every ten year period after the date of registration. With payment of an additional fee, the registrant may file the affidavit within a grace ... Read More

I cannot really give you an exact time when registration will issue after a trademark application has been filed. However, I can give you a reasonable time frame of what to expect. Usually, an applicant will receive a filing receipt approximately six months after filing the application. The filing receipt includes the serial number of the application, which must be included in all future correspon... Read More

The United States Patent & Trademark Office reserves the right to refuse registrations of trademarks it feels do not comply with its guidelines. I’ve outlined these for you here, to give you a better idea of what they are. It should be noted that not all words, names, symbols, or devices function as trademarks. A great example of this are marks that are merely the generic name of the go... Read More

There are several basis for foreign applicants filing registrations with the United States Patent & Trademark Office. This process is acceptable if there is use in interstate commerce or commerce between the United States and a foreign country. Another situation is when there is a bona fide or good faith intention to sue the mark in interstate commerce or commerce between the United States an... Read More

The page which shows the trademark that the applicant is seeking to register is known as the “drawing.” According to the United States Code, the drawing must depict the trademark as it is actually utilized. If the application is based on a bona fide intent to use, this drawing has to show the trademark exactly as the applicant intends to use it. If the application is based on a foreign... Read More