Trademark Attorney Services for Your Orlando Business

The top 5 questions Orlando businesses have about obtaining a trademark.

What’s the difference between a trademark and a copyright?

Both trademarks and copyrights were created to provide intellectual property protection, but they safeguard different types of assets. A trademark protects a distinctive element that serves to define a company brand, like its name or logo. A copyright protects a creative piece of work, such as paintings, books, or songs.

What are the main purposes of a trademark?

The main purpose of a trademark is to ensure that the public does not suffer any confusion about the source of goods or services. For example, a restaurant using a large, arched, golden “M” logo on their sign may be mistaken for a McDonald’s. Causing this type of confusion is against trademark law. Additionally, using a trademark serves to ensure that the trademark owner, not an imitative competitor, will benefit from its desirable products and good reputation.

What types of items can obtain trademark protection?

Trademark registration can be permitted on distinguishing names, slogans, and logos. Businesses often seek trademarks for product names, company names, company logos, and taglines. For example, the swoosh design and “Just Do It” slogan are trademarks of Nike Inc., as well as the name of the company.

What’s the difference between a registered and unregistered trademark?

Trademarks are not required to be registered with the U.S. Patent and Trademark Office (USPTO). If you offer a product and/or service in the marketplace you can obtain certain “common law” rights on the trademark(s) associated with the product and/or service. For example, a pizza shop in downtown Orlando named Orlandazzo’s Pizza Shop could prevent another local restaurant from using a same or similar name. However, those rights would be local to the Orlando area (in most circumstances). If a federal trademark registration is obtained on the name the owner of the pizza shop would then enjoy the presumption of national ownership of the name.

Should our company register its trademarks?

To put it simply, yes, you should register your trademarks. Your mark has value, and you add an extra level of protection by registering it, obtaining a federal trademark registration. As a business owner, you take many steps to protect your company’s assets, such as buying insurance or installing security systems or devices. Registering your trademarks is another way to protect your business assets.

Common misperceptions about trademarks heard around Orlando, FL.

My trademark is totally original, so I don’t need a search.

It’s possible that your trademark isn’t as original as you think it is. Each year, there are thousands of trademark applications that are denied because they too closely resemble another company’s trademark. That’s why it is always a good idea to have your application pre-screened by a trademark attorney who will search registered and pending trademarks, domain manes, and any common law uses that might cause problems for your proposed trademarks.

I can’t use the TM symbol until the USPTO approves my application.

Legally speaking, using the TM symbol to your name means that you are asserting a public claim of ownership to the trademark. That means that you can proudly add the TM symbol to your trademark even before your application with the USPTO is approved. That being said, you may not use the circled R symbol. This is the symbol that is used only once a trademark is federally registered.

Once my trademark application Is approved, it is recognized worldwide.

o A trademark that is approved by the USPTO is only recognized in the United States. Just because you are approved in the U.S., it does not mean that it is recognized internationally. You should talk to your trademark attorney about registration in other countries if this is something important to your brand.