Category Archives: Trademark

Avoid Having A Mediated Trademark Dispute: Develop a Clearly “Owned” Logo

Whether you are a big or small company, your logo may be something that you find to have equity for your company and for the audience who links you to it. A brand identity project is a good way to reduce the chances of having to mediate a South Florida trademark dispute down the line. Before moving forward with your trademark application, consider these questions carefully: Is the Font Proprietary? Is the Logo Proprietary? If your logo or font is too similar to another company, this can be problematic for filing your trademark but it also might land you in South Florida trademark dispute mediation in the future if you or the other party wants to claim ownership of the... Read More

Most Common Trademark Application Filing Mistakes

Many mistakes that occur in the process of filing for a trademark in Boca Raton happen before the application is actually filed. You can save yourself a lot of time and aggravation by doing a comprehensive search to determine if anyone else is using similar marks on other goods or if someone else is using a market will look similar to your own. Identifying these conflicts early can help you catch problems before you go through the process of filing for a trademark. It could also give you advance notice about the potential for investing in building another mark that will give you stronger rights. The second most common mistake in filing for a trademark in Boca Raton is not... Read More

Downfalls of Pursuing Trademark Litigation

If you are a party to a case involving a trademark dispute, it’s quite common that you want to rectify the issues at hand and get an official decision or moving forward. Assuming that litigation is your only option, however, can be very detrimental to your case. According to research from the American Intellectual Property Law Association, the average cost of intellectual property lawsuit is greater than $400,000. One of the reasons that cost can be so high in these kinds of cases is that intellectual property disputes typically involves specialized fields or highly technical knowledge. As a result, the discovery process can be extremely expensive. The basic nature of trademark disputes is also inherently complicated, leading to other difficulties... Read More

Tips for a Successful Trademark Licensing and Franchising Agreement

There are many reasons why you might be considering a franchising agreement in Miami, Boca Raton or Naples, but you should only do this under the guidance of an experienced attorney who can help you understand all of your rights and obligations under such a contract. For the most part, clauses in a franchising or trademark licensing agreement will not be negotiable, so it’s crucial that you agree with the terms and that you know what they mean. Since these kinds of agreements tend to be long-term, it’s unlikely that there will be a chance to remove yourself from the agreement, too, highlighting yet again why it’s so important to have legal counsel review any trademark licensing or franchising agreement... Read More
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