In business today, coming up with a unique way to market your service or product can be challenging. When you finally establish your own unique logo and brand, the last thing you want is to be accused of copying another business’s trademark. The good news is that there are ways to prevent this type of dispute. Here are 5 ways to avoid trademark infringement:
1. Understand the Trademark Process
One way to avoid trademark infringement is to understand how they work. There are two types of trademarks that may be at issue: State and federal. Florida trademarks apply to use within the state and must be obtained through Florida authorities. Federal trademarks are registered with the United States Patent and Trademark Office (USPTO) and are applicable throughout the country. They have different registration requirements, filing fees, and durations as well.
The best way to ensure that you understand the trademark process is to consult with an experienced Florida business attorney. Your lawyer can review the two systems and explain other important details regarding trademarks.
2. Make Certain the Trademark is not Already Registered
When a party wants to own a trademark, it may have a Florida or federal mark. In both cases, the mark will be registered. If you are concerned about infringement, you can check with the applicable authority to see if someone already has a protected trademark for a phrase or logo like the one you would like to use for your business.
3. Make Sure the Trademark is Not in Use
In addition to checking the state or federal registries, you may also need to evaluate if a trademark is not in use. For a holder to maintain their trademark, it must be used in commerce. However, sometimes a trademark will be registered and go unused. In that situation, there could be a case for trademark abandonment. If you believe a trademark has been abandoned, you should contact an experienced Florida business attorney to discuss the issue.
4. Consider Whether There Would be Confusion
A key component of trademark infringement involves determining if the allegedly infringing party’s logo or phrase is so similar to the protected mark as to create confusion for consumers. Determining whether your brand identifier is similar enough to cause confusion can be complicated. In this circumstance, it would be best to review your case with an experienced lawyer.
5. Register Your Trademark
If you believe you have the right to register your own trademark, you should do so as soon as possible. However, there are important steps you will want to take to make sure your registration is effective. You and your Florida business lawyer can review the two systems and determine where you should register and that you comply with all requirements.
Contact an Experienced Business Attorney
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.