Sturman Law is a boutique law firm that specializes in Intellectual Property, Entertainment Law and Brand Management.
We provide a wide array of customizable solutions for startups, musicians, artists, entrepreneurs, and established businesses. You need a precise and comprehensive strategy to protect your brand and we can help you.
Below you will find answers to several essential questions that every business in Boca Raton, Jupiter, West Palm Beach and throughout Florida should know about their trademarks:
+ WHAT IS A TRADEMARK?
The US Trademark Office (USPTO) defines a trademark as a word, phrase, symbol or design, or combination thereof, which serve to identify the source of goods or services and distinguish them from goods or services provided by others.
Many businesses have multiple trademarks; including brand name trademarks, company name trademarks, logo trademarks, and slogan trademarks.
+ ARE ALL TRADEMARKS THE SAME?
All trademarks are not the same. In fact, word trademarks, logo trademarks and slogan trademarks each fall into one of several different trademark categories. Each of these categories offer different levels of protection under trademark law. In the case of generic trademarks, trademark law provides that they are not eligible for any protection at all.
The determination of what type of trademark you have created or are seeking to create can impact your ability to register your trademark with the US Trademark Office.
The Trademark Office does not typically refund filing fees. Therefore, consulting with a Trademark Attorney prior to filing a trademark application can increase the probability of your trademark application resulting in successful registration of your trademark.
A strong trademark can help your business successfully achieve trademark registration and it can also be a major factor in helping to deter against trademark infringement.
Trademark law generally recognizes five different types of trademarks. They are listed below beginning with the strongest type of trademark.
Fanciful Trademarks
Arbitrary Trademarks
Suggestive Trademarks
Descriptive Trademarks
Generic Trademarks
For more detailed information and examples of each of these types of trademarks, you may find the following article helpful.
https://www.sturmanlaw.com/blogposts/2017/6/the-five-types-of-trademarks-rock-solid-to-worthless
+ SHOULD I REGISTER MY TRADEMARK WITH THE US TRADEMARK OFFICE?
Federal trademark registration is the strongest form of notice that you can provide to others regarding ownership of your trademark.
Trademark registration can also be helpful if you discover someone using a brand, logo, or slogan that is the same, or substantially similar to yours. Use of a trademark in this manner may cause a likelihood of confusion among consumers and, therefore, may constitute trademark infringement.
Trademark law considers federal trademark registration as prima facie (on its face) evidence of the ownership of a trademark. This can be an invaluable benefit and potentially stop infringement without having to resort to litigation. This can often deter trademark infringement from occurring in the first place.
+ WHAT IS A PROPER TRADEMARK SEARCH?
A comprehensive trademark clearance search includes seeking out and analyzing other businesses and individuals who are using the same trademark or one that is confusingly similar to the trademark that you wish to register.
This involves a search of the USPTO trademark system, state trademark databases, as well as, anyone that may be using the same trademark or one that is confusingly similar on a common law basis.
A complete trademark search should include an analysis of phonetic similarities, spelling and plural variations, and a design mark search for logo trademarks.
The examining attorney at the Trademark Office will conduct a thorough trademark clearance search to ensure that your requested trademark is not substantially similar to other already registered trademarks or trademarks that are currently pending registration.
The USPTO does not typically refund filing fees, therefore, it is imperative that your trademark search is just as thorough.
+ WHAT IS THE PROCESS TO REGISTER A TRADEMARK?
The trademark registration process should first begin with determining what category your trademark falls into (fanciful trademark, arbitrary trademark, suggestive trademark, descriptive trademark, or generic trademark)
A trademark attorney can then evaluate the strength of your trademark and whether or not your trademark is eligible for registration on the US Trademark Office's principal trademark register.
Prior to filing a trademark application, a thorough trademark clearance search should be conducted.
The US Trademark Office (USPTO) will not allow registration of a trademark if it creates a 'likelihood of confusion' with another already registered trademark or a trademark whose registration is pending.
The trademark application process has some variations depending on whether or not you are already using the trademark or if you are filing a trademark application with the intent to use your trademark in the future.
Are you currently using the trademark?
See the In-Use Application Process
Are you seeking to protect your trademark while you are getting ready to use it?
[See the Intent-to-Use Application Process][3]
[3]: /trademark-application-faqs-intent-to-use
+ WHAT IF SOMEONE INFRINGES ON MY TRADEMARK?
Trademark infringement is a serious matter and one that is fact specific. The main concern when analyzing whether trademark infringement has occurred, includes determining whether there is a likelihood of confusion between the use of two or more trademarks, or whether actual consumer confusion has taken place.
Trademark infringement as evaluated by Federal Courts can vary between the different circuits.
The facts of each case are often complex and the implications quite important. It is recommended that you speak with a trademark attorney if you have questions about a legal matter that involves trademark infringement.
For your convenience, you can find the tests applied to and the various factors considered by US Federal Courts when deciding matters of trademark infringement in the Trademark Infringement FAQ section of this site.
Some mobile devices do not properly display the information in the accordion menus above. Therefore, the same information appears below for your convenience.
*Sturman Law, LLC is able to help individuals and businesses in Boca Raton, Jupiter, West Palm Beach and throughout Florida with federal trademarks since they are considered a federal matter. While Sturman Law, LLC works with clients throughout the country on many aspects of trademark law, including trademark searches, trademark registration, trademark Office actions, and trademark infringement, we do not have an office in Florida.
Continually advancing technology allows us to provide every client with a one-on-one experience tailored to their needs from the convenience of their office, home, or anywhere they have a mobile phone.
WHAT IS A TRADEMARK?
The US Trademark Office (USPTO) defines a trademark as a word, phrase, symbol or design, or combination thereof which serve to identify the source of goods or services and distinguish the source of those goods or services from those provided by others.
Many businesses have multiple trademarks associated with their brands; including brand name trademarks, company name trademarks, logo trademarks, and slogan trademarks.
ARE ALL TRADEMARKS THE SAME?
All trademarks are not the same. In fact, word trademarks, logo trademarks and slogan trademarks each fall into one of several different trademark categories. Each of these categories offer different levels of protection under trademark law. In the case of generic trademarks, the Trademark Act provides that they are not eligible for any protection at all.
The determination of what type of trademark you have created or are seeking to create can greatly impact your ability to register your trademark with the US Trademark Office.
The Trademark Office does not typically refund filing fees, as such consulting with a Trademark Attorney prior to filing a trademark application can increase the probability of your trademark application being successful and resulting in the official registration of your trademark.
A strong trademark can not only help your business successful achieve trademark registration, rather, it can also be a major factor in helping to deter against trademark infringement.
Trademark law generally recognizes five different types of trademarks:
Fanciful Trademarks
Arbitrary Trademarks
Suggestive Trademarks
Descriptive Trademarks
Generic Trademarks
For more detailed information and example of each of these types of trademarks, you may find the following article helpful.
https://www.sturmanlaw.com/blogposts/2017/6/the-five-types-of-trademarks-rock-solid-to-worthless
SHOULD I REGISTER MY TRADEMARK WITH THE US TRADEMARK OFFICE?
A federal trademark registration is the strongest form of notice that you can provide to others regarding ownership of your trademark.
Trademark registration can also be helpful if you ever discover someone using a brand, logo, or slogan that is the same, or substantially similar to yours. Another's use of a trademark in this manner may constitute trademark infringement.
Proof of your federal trademark registration can be an invaluable benefit and potentially stop infringement without having to resort to litigation.
WHAT IS A PROPER TRADEMARK SEARCH?
In order to determine potential conflicts it is not enough to search Google and the USPTO website for the trademark that you want to register.
The examining attorney at the Trademark Office will conduct a thorough search to ensure that your requested trademark is not substantially similar to other already registered trademarks.
The USPTO does not refund filing fees, therefore, it is imperative that your trademark search is just as thorough.
A comprehensive trademark clearance search should include an analysis of phonetic similarities, spelling and plural variations, and a complete design mark search for logo trademarks.
WHAT IS THE PROCESS TO REGISTER A TRADEMARK?
The trademark registration process should first begin with determining what category your trademark falls into (fanciful trademark, arbitrary trademark, suggestive trademark, descriptive trademark, or generic trademark)
A trademark attorney can then evaluate the strength of your trademark and whether or not your trademark is eligible for registration on the US Trademark Office's principal trademark register.
Prior to filing a trademark application, a thorough trademark clearance search should be conducted.
The US Trademark Office (USPTO) will not allow registration of a trademark if it creates a 'likelihood of confusion' with another already registered trademark or a trademark whose registration is pending.
The trademark application process has some variations depending on whether or not you are already using the trademark or if you are filing a trademark application with the intent to use your trademark in the future.
Are you currently using the trademark?
See the In-Use Application Process
Are you seeking to protect your trademark while you are getting ready to use it?
See the Intent-to-Use Application Process
WHAT IF SOMEONE INFRINGES ON MY TRADEMARK?
Trademark infringement is a serious matter and one that is fact specific. The main concern when analyzing whether trademark infringement has occurred, includes determining whether there is a likelihood of confusion between the use of two or more trademarks, or whether actual consumer confusion has taken place.
Trademark infringement as evaluated by Federal Courts can vary between the different circuits.
As trademark infringement matters and the facts of each case are often complex and the implications quite important, it is recommended that you speak with a trademark attorney if you have questions about or dealing with a legal matter that involves trademark infringement.
For your convenience, you can find the tests applied to and various factors considered by US Federal Courts when deciding matters of trademark infringement, in the Trademark Infringement FAQ section of this site.