The trademark lawyer in Boca Raton, Florida at Wilson Murphy Law may be able to assist you with registering a trademark, defending your trademark against infringement, or fighting back if you have been accused of infringing on an existing trademark. U.S. trademark law can be complicated. If you need help protecting your brand or ideas, Wilson Murphy Law is a trademark law firm in Boca Raton, Florida that may be able to help you. We assist clients with a wide range of trademark protection and defenses including:
- Performing trademark searches
- Registering a trademark
- Defending trademarks against infringement
- Responding to office actions
If you need help with trademark protection or defense, the trademark lawyer in Boca Raton, Florida at Wilson Murphy Law is here to help you. Contact the trademark law firm today. You’ve worked hard to build your brand. We are here to help you defend it.
What is a Trademark?
According to 15 U.S. Code § 1127 a trademark is “any word, name, symbol, or device” used by someone in business or “commerce” to identify or distinguish a product or service from another product or service. A logo, name, or even the shape of a container or package may be included in trademark protections. Trademarks are protected because companies make significant investments in creating logos and brand names, and these logos, colors, and brand names are often used to distinguish one product from another. For a design or name to be protected under trademark law it must be distinctive, that is, not in use by another company or product in the same domain. Generic names are not protected under trademark law. For example, a company cannot trademark their watch under the name “watch” or trademark “glasses” under the name “glasses.”
Trademarks must be arbitrary, fanciful, suggestive, or descriptive. For a mark to be considered arbitrary or fanciful, the design of a logo must not bear any relationship to the product or service being offered. Suggestive marks might speak to the characteristics of a product or service. Descriptive marks describe the characteristics of a product or service.
Some examples of arbitrary trademarks include:
While these names refer to things that exist in the real world, the things in the real world only bear metaphorical or arbitrary relationships to the actual products being offered. Caterpillar doesn’t sell caterpillars, Apple doesn’t sell apples, and so on.
Some examples of suggestive trademarks include:
While these names refer to some quality of the product, company, or service, they don’t directly name the good or service. Coppertone refers to the copper tone that the product helps customers achieve but doesn’t specifically mention “sunscreen” or “suntanning lotion.” Netflix suggests the service, movies or “flicks” that can be acquired through the internet. Citibank, while using the word “bank” combines this word in a unique way. Reddit sounds like “read it” which vaguely references the quality of the website.
Descriptive trademark examples include:
In this case, the words “creamy” or “smooth” could be applied to a range of products. “Repair” can describe the services being offered at a specific type of repair shop.
Choosing a trademark that can be protected can be a long and costly process. If you need help understanding whether your brand or logo can be protected under U.S. Trademark law, the trademark lawyer in Boca Raton, Florida at Wilson Murphy Law may be able to help you. Contact the trademark law firm in Boca Raton, Florida today.
One of the ways a trademark lawyer can assist you with protecting your trademark is by performing a trademark search on your brand, logo, or idea. If an idea you have for a trademark is currently in use by a related product or service and is like your trademark idea, you may not be able to register the trademark and may run the risk of facing an infringement lawsuit if you use the trademark in commerce. Having a lawyer perform a trademark search before you use a logo or name in business can protect you from facing an infringement lawsuit.
The trademark lawyer in Boca Raton, Florida at Wilson Murphy Law can perform a trademark search to help you understand whether you can use your logo or name in business and whether you might risk facing an infringement lawsuit for using a given logo, brand, or name in business. Contact our trademark law firm in Boca Raton, Florida today to learn more about how we can help you protect your business logo, name, or idea by conducting a thorough trademark search.
Registering Your Trademark in Boca Raton, Florida
If your trademark is not in use, you can either begin to use your brand or logo in business or register your trademark with the U.S. Patent and Trademark Office. Using your name in business, doesn’t necessarily mean that your trademark is protected. Protection through use only comes when customers begin to associate your logo and name with a particular product or service. If another company beats you to this mark, you could run the risk of losing should you face a trademark lawsuit.
To have robust protection for your business or logo, you’ll want to register your trademark with the USPTO. This process can sometimes be complicated. The Boca Raton, Florida trademark lawyer at Wilson Murphy Law can assist you with registering your trademark.
To register a trademark, you’ll need to:
- Perform a trademark search.
- Fill out a trademark application.
- File the application through the Trademark Electronic Application System.
- Respond to any additional questions the reviewer might have about your trademark (in some cases).
A trademark lawyer in Boca Raton, Florida at Wilson Murphy Law can help you with this process. Contact Wilson Murphy Law today to learn more about how Wilson Murphy Law can help you protect and defend your ideas. Our trademark lawyer in Boca Raton, Florida is here to help.
Help With Office Actions
If you have applied to register your trademark and received an office action from the United States Patent and Trademark Office, the trademark lawyer in Boca Raton, Florida at Wilson Murphy Law may be able to assist you. Wilson Murphy Law is a trademark law firm that can review the office action and help you respond to the issues raised if a response is required or appropriate. An office action is a letter sent by the examining attorney at the USPTO that addresses any legal issues or questions the examining attorney has with your trademark. Sometimes these concerns are minor and can be easily remedied. Other times they may require additional clarification. In some cases, the issues that are raised might result in your trademark application being rejected. The Boca Raton, Florida trademark lawyer at Wilson Murphy Law can review the issues raised in your office action and can help you understand whether you need to respond, help you craft a response if needed, and assist you with other actions if required. For example, if your trademark application was rejected, it may be possible to form a consent agreement with the company that owns a trademark that the examining officer finds too similar to your own.
If you have questions about how to respond to an office action from the USPTO, reach out to the trademark lawyer in Boca Raton, Florida at Wilson Murphy Law. A trademark attorney can review your case and help you understand the next steps. Wilson Murphy law may be able to help you get your trademark registered.
Protecting Your Trademark in Boca Raton, Florida
The Boca Raton, Florida trademark lawyer at Wilson Murphy Law is here to help you fight to protect your brand, your trademark, and your ideas. If you think another company is infringing on your trademark, Wilson Murphy Law is a trademark law firm in Boca Raton, Florida that may be able to help you. Every case is unique. You work hard to build your brand and ideas. Let the trademark lawyer at Wilson Murphy Law help you defend your brand. Contact us today to learn more.