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

The particular way the mark is actually used in the offer of services or on the goods is what is known as a specimen in the intellectual property realm. Acceptable specimens of use for a trademark include labels, tags, or containers. Specimens composed of magazine advertising or brochures are typically used for service marks. It should be noted that unless the specimens are bulky or larger than 81... Read More

Even though federal registration is not valid outside of this country, qualified owners of trademark applications either pending before the United States Trademark & Patent Office or of an issued registration, may seek registration in any country recognizing the Madrid Protocol by filing a single application. This single application is referred to as an “international application”... Read More

Although obtaining counsel is not a required for Federal Trademark Registration with the United States Patent & Trademark Office, I recommend employing an attorney who is familiar with intellectual property matters, as there are numerous substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice that must be complied with, regardless of who is filing the appl... Read More

There are no federal regulations governing the use of the designations “TM” or “SM” (Trademark or Service Mark) by the United States Patent & Trademark Office. Local, state, or foreign laws may govern use of these designations, and a trademark attorney should be consulted. Once the mark is actually registered in the United States Patent & Trademark Office, the fed... Read More

Though not required, there are advantages of registering trademarks with the United States Patent & Trademark Office which offer several benefits to the registrant. There is notice given to the public of the claim of ownership of the mark made by the registrant, as well as national legal presumption of ownership granting exclusive rights to use the mark on or in connection with the goods or s... Read More

Many people will recognize the symbol of the encircled but do not realize its significance. This symbol denotes that a trademark has been registered and should only be used if indeed a registration has issued. When one claims common law rights to a trademark or service mark, they can use the Ѣ or (sm) symbols, respectively. The Ѣ symbol also can be used if awaiting the issuance of federal regist... Read More

When a trademark has been registered with the United States Patent & Trademark Office in the Principal Register, its benefits are maximized, as it is given constructive notice, which gives notice of the registration. After five years the trademark becomes incontestable as well, and it is able to withstand challenges by others, due to a presumption of validity. On the other hand, these same ad... Read More