Broward: (954) 924-0707
Miami-Dade: (305) 373-7600

Trademark

Trademark Law Attorney in Miami, FL

In regard to trademarks and service marks, this typically includes review of the mark, performing an availability search of the mark, preparing trademark applications, filing and prosecuting trademark applications in the United States as well as in foreign countries, including Madrid Protocol filings and Community Trademark (CTM) filings; counseling in the areas of licensing and promoting trademarks as well as asserting and enforcing trademark rights, unfair competition matters in litigation, as well as defending trademark actions and unfair competition matters in litigation in the State and Federal Courts and the Trademark Trial and Appeal Board.

The Robert M Schwartz firm has over twenty years of experience in trademark law. We recommend performing a preliminary trademark search to determine whether there are other registered marks in the United States Trademark Office (federal trademarks) and we also search information on registered marks in each of the 50 states.

Steps to Apply for a Trademark

1. We recommend performing a preliminary trademark search to determine whether there are other registered marks in the United States Trademark Office (federal trademarks) and we also search information on registered marks in each of the 50 states.

2. We further recommend a “full search” be performed to search not only the Federal registered trademark and each of the states, but also common law trademarks (a party is using a trademark and it is not registered), as well as common law business names and domain names.

3. After the searching is performed and a mark is chosen, we prepare and file a trademark application either in the United States Trademark Office (a federal trademark application), or we can also prepare and file a state trademark registration, for example in the State of Florida. A federal trademark covers the entire United States. A state trademark covers only the geographical areas within a state.

Intellectual property form

4. After filing a trademark application you may expect additional fees and charges during the prosecution of the application. It is during this time that an Examiner reviews the application and responds with either an acceptance of the application or with a list of items that need to be answered. Often times the Examiner’s search will reveal a mark that the Examiner may feel will cause a likelihood of confusion with your mark. In these cases we review with you the Examiner’s position, and with your authorization, we proceed and file an argument to counter the Examiner’s position. In the state applications there there could also be a comment from the state Examiner. This work during the prosecution stage is usually charged at an hourly rate.

5. Applications can be based on use of the mark or your intent to use the mark. If the application is based on use, it is necessary to submit specimens showing use of the mark.

6. After an application is approved by the United States Trademark Office, the application will be published for opposition. In the event the application is opposed you may incur additional charges for us to represent you in the opposition proceeding, should you decide to proceed.

7. Our goal is to obtain a registration of your mark to provide statutory protection for your mark.

Located in the Metropolitan Miami Area, serving Miami, Miami Dade, Miami Beach, Aventura, Fort Lauderdale, Boca Raton and Hollywood, Florida:

  • Uses a proven docket system to monitor and track a client’s intellectual property rights.
  • Counsels clients on the world wide web (Internet), protecting domain names, content on web sites, and counseling of proper legal notice and terms and conditions for web sites.
  • Litigates patent, trademark and copyright matters in State and Federal Courts as well as before the Trademark Trial and Appeal Board (TTAB) and handles Uniform Dispute Resolution Proceedings (UDRP) before the World Intellectual Property Organization (WIPO). In addition, the Firm provides litigation support to other firms in the areas of patent, trademark and copyright matters and provides mediation services for Intellectual Property (IP) disputes.

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Trademark May 4, 2016