Innovation is critical to our economic success in Florida. Our ideas and inventions help make society in general and businesses in particular thrive. In fact, as intellectual property, these ideas and inventions are often considered business assets and must be protected if you as a business or person want to receive their full benefits. When protected, you have certain rights to your intellectual property, including remedies when a person or entity infringes upon those rights.
At LABORDE LEGAL GOUP, our intellectual property lawyer in FLORIDA helps clients protect their intellectual property. There are different types of protection for different types of intellectual property. The process, however, to ensure proper protection is cumbersome and creates confusion. Below, we share some of the most common questions we receive on this issue. To get smart, specific legal guidance, contact us at 850-366-2376 today to schedule a Free Consultation. We want you to have a good working understanding of intellectual property rights and processes so that you make informed decisions for yourself or your business.
A trademark is defined by the USPTO as a “word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.”
Popular examples of trademarks include:
- McDonald's® golden arches
- Walt Disney's Mickey Mouse
- Nike's swoosh logo and Just Do It®
It is possible for a trademark to cover a group of products.
How Do I Protect My Trademark?
How Are Intellectual Property Rights Enforced?
The most effective means to enforce IP is through registration. Sometimes, however, especially when IP rights have been violated, other enforcement means are necessary.
When another person or entity infringes upon your intellectual property rights, the most obvious way to enforce your rights is through litigation. Filing a lawsuit may be the best way to proceed in cases where time is of the essence. An injunction, which causes a party to immediately cease a certain action, may be necessary as well.
Another way to enforce IP rights includes sending a “cease and desist” letter to the infringing party. Sometimes, when time is not critical, this letter is sent prior to litigation.
Also, according to the particular circumstances of the situation, it may be a good idea to make a report to the appropriate authorities for criminal prosecution.
What to Do if Accused of Violating an IP Right?
When accused of violating an IP right, the best first step is to contact an intellectual property defense attorney in Florida. They will help you determine (1) whether or not you have actually violated an IP right; and if you have, (2) the best way to remedy the situation with the least disruption to you.
Gather any and all information you have in regard to the allegation made against you for your attorney to review.
What Do Intellectual Property Lawyers Do in Florida?
IP lawyers wear several different hats. First, they can help determine whether or not something is indeed IP and needs to be protected. If so, the attorney will determine what type of protection is needed and file the appropriate paperwork to obtain the patent, trademark, or copyright. Once the protection is obtained, an IP lawyer will help their client if any other party attempts to infringe upon their rights.
IP lawyers are also integral to the development of IP strategies. Building a strong working relationship with an IP attorney can act as a competitive advantage in your industry and help you gain a larger share of the market.
Contact one of our Intellectual Property Attorneys Today!
Intellectual property is critical to growth, and IP protection is critical to ensuring you receive the benefits of your ideas and hard work. At LABORDE LEGAL GOUP, our IP attorney in Florida is here to help you get the IP protection and strategies you need. Contact us today by either filling out the online form or calling us at 850-366-2376 to schedule a Free Consultation.