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Trademarks

Trademark Attorney in Orlando

If you own a company, you need to protect your intellectual property, such as your brand, marks and logo. Daniel Law Offices is a full service Patent, Trademark and Copyright Law firm that engages in the preparation of United States trademark applications for the filing, prosecution and assignment or licensing of specific marks. Examples include Burger King® and the curved shape of a bottle of Coca-Cola®, which is distinct to the brand. Other items that can be trademarked include words (i.e., Viagra®), names, slogans, abbreviations/initials, designs, a package design, fictitious characters, color (i.e., pink for insulation), sounds and music.

Not only do legal marks protect your brand, logo design and website domain name, but it also gives your business credibility. Typically, preparation of an application is made to protect your symbol in a specific country or region. Once we file your application with the U.S. Trademark Office, an Examiner will be assigned to review your application and to determine whether to allow the mark as submitted. During this process, our trademark lawyer will correspond with the appropriate government agencies and address any concerns the Examiner has regarding your application.

What is the Value of Selecting a Strong Trademark?

Federal registration protects your brand name, domain name and brand logos from being used by anyone else. Furthermore, a sound (such as the chimes for NBC) or other form of identification for your company also may be trademarked. When you spend a lot of time creating the perfect logo or jingle that defines your company, you definitely don’t want someone else to steal your work.

Not all trademarks receive the same level of protection, so you must consider your company’s needs before selecting the category that is right for your business. Trademarks should be distinctive for use as your company’s logos, service marks, trade dress, brand names or slogans. Generally speaking, marks can be categorized by the product relationship and basic strength of name to include:

  • Coined Marks – A coined mark is a word (or words) that have no meaning other than as a brand name or logo, such as Xerox for copy machines or iPod for portable media player.
  • Suggestive Marks – A suggestive trademark suggests rather than describes a product or service. Suggestive marks require a certain degree of imagination, thought or perception, such as Chicken of the Sea for canned tuna or Coppertone for a sun tan lotion.
  • Arbitrary Marks – An arbitrary mark is a term that becomes popular in the general vocabulary without a logical relationship to specific goods or services, such as Apple for computers or Comet for household cleansers.
  • Descriptive or Secondary Marks – Descriptive trademarks related to purpose, features, qualities or ingredients do not receive protection unless they acquire strength through a secondary meaning, such as RICH-N-CHIPS for chocolate chip cookies or World Book for encyclopedias.

NOTE: Deceptive marks that are misleading or falsely imply associations cannot be registered as a trade or service mark, such as Super Silk for products made from non-silk materials. Deceptive symbols also include geographic names in the trade terms when a product or service has no real association to the named place.

Frequently Asked Questions

Does registering my business name protect my brand?

Registering your business name does not protect anyone else from using a too-similar name, your logos or other brand identification items. You do not have to pay for an expensive search before our attorney in Orlando files a trademark application – our basic fee includes a direct name search. If a match is found, we will notify you before we continue working on your registration. We do suggest that you conduct a thorough search prior to filing, but it is not a requirement.

How much does trademark registration cost?

Our flat fee for preparing and filing a new U.S. trademark application is $775, and this price includes attorneys’ fees, the government filing fee and a direct name search. Should the government challenge your application or if there are third party oppositions to your application, you may incur additional fees. To guarantee your application has the best chance of being allowed, use this website’s contact form, or call us at 407-841-8375 in Orlando or nationwide at 1-866-37PATENT.

How long does the registration process take?

Once your application is filed, it could take from six months to over a year for the U.S. Patent and Trademark Office to register your mark. Once an application is filed, the pending registration grants you certain rights from the date of filing. That means that if someone else filed the same mark after the date of your application, you will be granted full use instead of the person who subsequently filed.

Does it cost money to maintain a trademark?

Yes. Companies like Xerox and Coca-Cola (Coke) spend billions in brand recognition advertising to maintain the strength of their trademark protection. Other instances, such as the case with Bayer’s “aspirin”, have lost protection due to the public’s broad or generic use of the product name. For numerous reasons, it is advisable to seek the advice of legal counsel and have a search conducted by a qualified law firm. When a word defines a product or service but not the source, it cannot be trademarked, such as Yellow Pages for business phone directories.

My business is small. So, how will registration help me?

Obtaining a trademark gives you exclusive rights – in the United States – to the item you registered. This can be almost any phrase, word, design or symbol that distinguishes and identifies your company’s services and/or goods from other companies’ goods and services. Conversely, you don’t want someone creating a logo that is close to yours – if they have a shoddy business, customers could see their one-off logo and assume that the other company is affiliated with your company. That could be devastating to your bottom line as you could lose customers to that company if they think you are affiliated.

Thank you for visiting Daniel Law Offices online. We are a “one-on-one” IP law firm that has expertise in trademark infringement litigation involving both unregistered and registered marks under federal and state laws. When we can help, schedule a consultation with our experienced Patent, Trademark & Copyright Attorneys, in Orlando call 407-841-8375 or nationwide at 1-866-37PATENT. Please continue to explore our website for answers to your most basic questions or use our convenient Contact Us form for a prompt response.

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