Protecting your intellect from unauthorized use by others
TRADEMARK: The trademark symbol is a way to alert others that your original work is protected. You can obtain a trademark for a word, symbol, name, device, or combination thereof that permits consumers to identify and distinguish the goods/services.
The trademark symbol is not only meant to protect the owner of the trademark, but the consumer as well. Consumers want to be able to go into a store and purchase the products of their choice, the trademark not only identifies the product, but the trademark symbol stands for the value and authenticity of the company’s product.
There are many considerations to make when you are deciding on what will be your trademark for your product or company. Although you want to place an emphasis on marketability, along with the use you are intending, you also need to consider whether someone else is already using that trademark. More than simply than, your trademark is not being used, consider whether your proposed trademark symbol is similar other marks? If someone saw your trademark would they confuse it with another trademark?
There are typically two types of ways to clear your rights to a trademark: 1) Knock-Out Search and 2) Full Search. A knock-out search is a faster and more brief search done through the USPTO office, google searches, or other internet searches to is if the mark has already been used or if it’s similar to other marks already registered. The full-search takes approximately one week, this search is done through a trademark search agency, the search includes phonetics, synonyms, websites/domain names, and law databases.
Your trademark protection is protected under common law simply by using it. However, your mark will only be protected within a specific geographical region, where you actually using the trademark.
Without registering your trademark you cannot get nationwide exclusive use protection. The registration also serves as constructive notice to others that you own the trademark. There are many other benefits for Federal Trademark registration or in the alternative Florida Trademark registration.
If you have created something that you believe should be Trademarked or believe that someone else is benefiting from your trademark call or email today to set up a free consultation.
COPYRIGHTS: Copyrights are legal protection for your work. A copyright alerts the rest of the world who owns a certain work of art, whether that be a poem, book, or art.
Even though you become the owner of your art at creation, copyrights give you the presumption of ownership should that be questioned and argued before a court.
Although all copyright work starts as transactional, going after copyright infringers through litigation to stop infringers from benefitting and profiting off of your hard work is often necessary.
Before you bring a lawsuit for copyright infringement you need to determine whether you: 1) have standing to bring the suit, 2) have a valid copyright, 3) have a registered copyright and if not what time of protection applies to your situation, 4) whether the alleged infringer was on notice of your copyright, and 5) infringement.
Writers especially should be cautious with protecting their work. If you are a writer or artist first consider the purpose of your art work. Is it only for personal growth? A hobby? Or are you hoping to make a living off of your art work? Some protections can be too costly compared to what you expect to gain. However, for artist by trade, whether writers or musicians, ownership of your intellectual property can be your most valuable asset.
Hilary Metz is an experienced coprights law attorney in Miami and throughout Florida. If you have created something that you believe should be copy written or believe that someone else is benefiting from your original creation call 786-440-1030 or email email@example.com today to set up a free consultation.
TRADEDRESS: A tradedress must be source identifying, it is the actual configuration of the product or how the product is housed-it is a point of sale. Coco-Cola is a predominant company that has historically and aggressively enforced its rights to its tradedress.
Trademark and tradedress are valuable to the manufacturer as a way of brand endorsement even for new products. Think Starbucks, everyone already knows the company for its coffee and the logo. When the company places the logo on teas, that new product automatically benefits from the reputation of the Starbucks trademark, because we already know it.
If you are a business or have a product that you are hoping will one day expand and grow Florida Statute Chapter 688 governs trade dress.
If you have created a unique business design/product/marketing scheme for your company and believe that someone else is using your established business to divert consumers away from yours call 786-440-1030 or email firstname.lastname@example.org today to set up a free consultation.