Trademarks & Trade Dress

The Intellectual Property, E-Commerce and Technology practice assists clients in managing and protecting their trademarks, service marks, logos, brands, trade dress and other intellectual property rights such as the right of privacy and commercial rights in a name or image. Our goals are to assist clients in developing a branding strategy and to increase the value of goodwill and brand identification in the minds of consumers. Marks are used to identify our clients as the source of quality goods and services. Marks associated with goods are called trademarks, and marks associated with services are referred to as service marks. Trade dress refers to the distinctive appearance of goods or services (including packaging or the look and feel of a restaurant) which identifies the source of the goods or services. Other rights, such as the use of a name or likeness, may also be protectable assets.

The Intellectual Property, E-Commerce and Technology practice represents clients through all phases of brand development, maintenance, and protection. Our staff of trademark professionals conducts trademark searches and provides opinions of registerability and strength of marks, files applications, prosecutes the applications before state, federal and international trademark offices, assists our clients in proper trademark use, and monitors for infringing use by third parties. Trademark/service mark applications may be filed with the United States Patent and Trademark Office, the Florida Department of State, and with international trademark offices via international treaties such as the Madrid Protocol.

Our Intellectual Property, E-Commerce and Technology practice creates, evaluates and enforces our clients' rights in trademarks, service marks, trade dress and other intellectual property rights in the State of Florida, nationally, and internationally. We defend the marks of our clients during opposition and cancellation proceedings before the United States Patent and Trademark Office, as well as oppose or seek to cancel marks that are contrary to the interests of our clients in Trademark Trial and Appeal Board proceedings. Not only do our experienced intellectual property attorneys help clients avoid claims of infringement by developing a robust and distinctive branding strategy, but they also help clients defend against claims of trademark and trade dress infringement if prevention fails.

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