Trademark Attorney in Orlando FL | Santiago Law Services

Intellectual Property and Trademark Law

Trademark lawyer in Central Florida helping you with all aspects of your business trademark needs.

Trademark Lawyer

 

We assist our clients in protecting their intellectual property, specifically their marks. We focus on mark registry with the U.S. Patent and Trademark Office (USPTO).

The basic requirements for a mark to be registered are: 1) to be in use in commerce and 2) it must be distinctive. Although there is no legal requirement to register your mark, weather for goods (trademark) or services (service mark), doing so may represent benefits to your business.

Simply put, when your mark is registered with the USPTO you are making an announcement to customers and other businesses that you are the owner of that mark, this is known as a “constructive notice”. In addition, when the mark is registered with the USPTO, exists a legal presumption of the registrant’s ownership of the mark, which means that it is his/her exclusive right to use the mark across the nation.

It is important to note that in the case of filing a legal claim concerning your mark, you will have direct access to the federal court jurisdiction. Regularly, legal matters concerning marks not registered with the USPTO are decided in a state court. Another aspect to consider is that a business can use its USPTO mark registration as a basis to apply for mark registration in a foreign country.

 Over the years, the definition of “trademark” has evolved to include other ways by which businesses and individuals identify their goods, for example, shapes, sounds, fragrances, and colors. These can also be registered as trademarks. In addition, a business can seek protection of the trademark law to cover the product configuration, the design and shape of the materials in which a product is packaged or the product itself. This is known as “trade dress”.


The 15 U.S. Code § 1127 defines the terms “trademark”, “service mark”, “collective mark” and “mark” as follows:

“The term “trademark” includes any word, name, symbol, or device, or any combination thereof— (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown. “The term “service mark” means any word, name, symbol, or device, or any combination thereof— (1) used by a person, or

“The term “service mark” means any word, name, symbol, or device, or any combination thereof— (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. “The term “collective mark” means a trademark or service mark— (1) used by the members of a cooperative, an association, or other collective group or organization, or

“The term “collective mark” means a trademark or service mark— (1) used by the members of a cooperative, an association, or other collective group or organization, or (2) which such cooperative, association or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, and includes marks indicating membership in a union, an association, or other organization.

“The term “mark” includes any trademark, service mark, collective mark, or certification mark.”