Protecting Your Rights in Your Brand

One of the most valuable assets for any business is its trademark. Your brand should not only be unique but also be protectable by a federally registered trademark. Our experienced Miami trademark attorneys guide brand owners in creating and protecting their unique brands with a trademark registration.

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Trademark Clearance Search

Before registering a trademark for your brand, logo, business name, slogan or tag line, it’s important to conduct a trademark search to make sure no one else is already using your brand. This is because you cannot trademark a brand that is already being used by someone else in a related industry. A trademark clearance search helps identify whether your brand is already in use by someone else. The trademark search not only looks for your exact brand but also looks for similar brands that may cause a likelihood of confusion.

A trademark clearance search is more than searching on the United States Patent and Trademark Office’s website. A trademark clearance search is a comprehensive trademark search that not only looks for registered trademarks, but also looks for unregistered trademarks, expired trademarks, state-registered trademarks and abandoned trademarks. The trademark search report should be reviewed by an experienced trademark attorney to assess whether your trademark stands out among competitors and determine how protectable is your trademark.

A trademark attorney will also be able to review the search report and weigh the probabilities that your trademark application will be approved. Generally, trademark rights stem from using your trademark in connection with your business. Trademark laws are typically centered around a race system which means that the first person to register their trademark with the United States Patent and Trademark Office, generally is the first one to claim the rights in the trademark.

Our Miami trademark law firm helps brand owners create protectable brands that fall in line with trademark laws so that your brand is protected. As trademark lawyers we help you through the entire trademark application process to successfully claim your trademark rights.

The Trademark Application Process

Once the trademark application for your brand is submitted, it can take anywhere from six (6) months to more than one (1) year for your brand to complete the trademark process.

When a trademark application is submitted, an examining attorney who represents the United States Patent and Trademark Office will review your trademark application and look for reasons to deny your trademark registration.

 

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 you will receive written communication from the trademark office known as an Office Action listing out the reasons your trademark applications should be denied. The trademark Office Action will often cite legal arguments and case law to support denying your trademark registration.  You, as the applicant, will have the opportunity to file a written response to overcome the examining attorney’s reasons for refusing your trademark application.

In your Office Action response, you may be required to also prepare written legal arguments and cite case law to support your response. A written reply to any office action must be timely and submitted before the given deadline. Otherwise the trademark application will be abandoned and lost, leaving you to re-start the trademark process all over again.

Most trademark applications receive an office action; however, the trademark clearance search also helps reveal whether a trademark office action should be expected. Working with an experienced Miami trademark lawyer will help you protect your brand identity, safeguard the reputation you’ve earned around your brand and make a return on the investment you’ve made in marketing your brand.

Contact us to work with a qualified trademark lawyer to help you protect your brand with a trademark registration.

Maintaining and Policing Your Trademark Rights

After you’ve received your trademark registration, you will have to periodically and timely renew your trademark registration to maintain your trademark rights. Working with our Miami trademark attorney ensures that you maintain your registered status and never miss an important deadline which could result in unintentionally forfeiting your trademark rights.

As your trademark lawyer, we help you and your business update your trademark records with the United States Patent and Trademark Office. It is also extremely important to monitor new trademark applications to make certain that someone else doesn’t try to register the same trademark or a trademark that is confusing similar to your registered trademark.

Our trademark law firm offers trademark monitoring service to check for potential trademark infringement and provides you with a periodic report to alert you if action is needed to protect your trademark rights.

Contact our experienced trademark lawyers to keep an eye on your trademark and monitor your trademark registration.

Monetizing Your Trademark

Investing in your brand with a registered trademark lends opportunities for businesses to make a return on their trademark investment. Typically trademark owners have the exclusive right to use their trademark in a particular industry. Trademark owners can monetize the value of their trademark by granting permission for others to use their trademark in exchange for payment. This can include opportunities for:

  • Licensing your trademark and collecting royalty payments
  • Merchandising a wide range of products to include your trademark
  • Distributing your trademark in different territories
  • Selling your trademark and making a profit from your brand’s recognition

 

Taking advantage of strategic opportunities to make earn passive income money off of your trademark investment is a perk of owning a trademark registration.