Miami Trademark Lawyers

Miami Trademark Lawyers

We are a trademark law firm that is managed by Miami trademark lawyers. Our trademark attorneys help national and international clients register and protect their trademarks. Our Miami trademark attorneys believe in providing our clients with sound legal advice with regards to their trademark. Our lawyers conduct trademark searches prior to applying for marks and advise our trademark clients when they should not proceed with their brands or logos.

Our trademark attorneys are versed in corporate law and can help your company grow while also safeguarding your intellectual property. We strongly recommend you have non-compete and non-disclosure agreements in place with people and companies involved or having access to your intellectual property.

Work With Excellent Attorneys

Our Florida trademark lawyers also provide the following services: draft trademark, copyright, patent, licensing, manufacturing and sales, distribution, and non-compete agreements; enforce and defend infringement matters; enforce and defend internet domain matters; negotiate contracts; facilitate import and export matters; and offer many other related business and entertainment law matters.

Our licensed Florida attorneys provide our patent and trademark clients with meticulous, ethical, and dedicated legal representation. The Firm provides each client with detailed billing that clearly identifies the type and duration of work performed. The Firm promptly returns calls and provides clients with regular updates. Our attorneys help inventors, entrepreneurs, individuals and companies in both the public and private sector. It is a great honor and privilege to participate in the creation and development of your intellectual property portfolio.

The Strength of a Trademark and Its Importance

The Strength of a Trademark and Its Importance

“As a trademark attorney, it is my job to educate trademark owners and explain the importance of selecting a suggestive, arbitrary or fanciful mark.” Juliet Alcoba

A fanciful mark is an extremely strong mark. It generally requires more effort to create brand recognition. Once recognition is acquired, the mark is given the greatest protection by the USPTO, the State, and Federal Courts. So what is a fanciful mark? Fanciful marks comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark. Such marks consist of words that are completely out of common usage or are unknown in the language.
A
Fanciful
Mark
A
Fanciful
Mark
A fanciful mark is an extremely strong mark. It generally requires more effort to create brand recognition. Once recognition is acquired, the mark is given the greatest protection by the USPTO, the State, and Federal Courts. So what is a fanciful mark? Fanciful marks comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark. Such marks consist of words that are completely out of common usage or are unknown in the language.
An
Arbitrary
Mark

An arbitrary mark is a strong mark that will receive protection from the USPTO and the State and Federal Courts. We recommend our clients select arbitrary or fanciful marks. So what is an arbitrary mark? Arbitrary marks comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality, or characteristic of the goods or services.

An
Arbitrary
Mark

An arbitrary mark is a strong mark that will receive protection from the USPTO and the State and Federal Courts. We recommend our clients select arbitrary or fanciful marks. So what is an arbitrary mark? Arbitrary marks comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality, or characteristic of the goods or services.

A suggestive mark can be protected and it can suggest the products or services sold under the mark, yet often the USPTO will attempt to reject a suggestive mark as descriptive. So what is a suggestive mark? Suggestive marks are those that, when applied to the goods or services at issue, require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services. Thus, a suggestive term differs from a descriptive term, which immediately tells something about the goods or services. Incongruity is a strong indication that a mark is suggestive rather than merely descriptive. The Board has described incongruity in a mark as “one of the accepted guideposts in the evolved set of legal principles for discriminating the suggestive from the descriptive mark,” and has noted that the concept of mere descriptiveness “should not penalize coinage of hitherto unused and somewhat incongruous word combinations whose import would not be grasped without some measure of imagination and ‘mental pause.
A
Suggestive
Mark
A
Suggestive
Mark
A suggestive mark can be protected and it can suggest the products or services sold under the mark, yet often the USPTO will attempt to reject a suggestive mark as descriptive. So what is a suggestive mark? Suggestive marks are those that, when applied to the goods or services at issue, require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services. Thus, a suggestive term differs from a descriptive term, which immediately tells something about the goods or services. Incongruity is a strong indication that a mark is suggestive rather than merely descriptive. The Board has described incongruity in a mark as “one of the accepted guideposts in the evolved set of legal principles for discriminating the suggestive from the descriptive mark,” and has noted that the concept of mere descriptiveness “should not penalize coinage of hitherto unused and somewhat incongruous word combinations whose import would not be grasped without some measure of imagination and ‘mental pause.
A
Descriptive
Mark

A descriptive mark may be registered, yet it will bring very little trademark protection. So what is a Descriptive trademark? A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services. Similarly, a mark is considered merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of an applicant’s goods or services. The determination of whether a mark is merely descriptive must be made in relation to the goods or services for which registration is sought, not in the abstract. This requires consideration of the context in which the mark is used or intended to be used in connection with those goods/services, and the possible significance that the mark would have to the average purchaser of the goods or services in the marketplace. The mark need not describe all the goods and services identified, as long as it merely describes one of them.

A
Descriptive
Mark

A descriptive mark may be registered, yet it will bring very little trademark protection. So what is a Descriptive trademark? A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services. Similarly, a mark is considered merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of an applicant’s goods or services. The determination of whether a mark is merely descriptive must be made in relation to the goods or services for which registration is sought, not in the abstract. This requires consideration of the context in which the mark is used or intended to be used in connection with those goods/services, and the possible significance that the mark would have to the average purchaser of the goods or services in the marketplace. The mark need not describe all the goods and services identified, as long as it merely describes one of them.

A
Generic
Mark
A Generic mark can never be protected. What is a Generic brand? A mark is generic if its primary significance to the relevant public is the class or category of goods or services on or in connection with which it is used. A two-part inquiry is used to determine whether a designation is generic: (1) What is the genus of goods or services at issue? (2) Does the relevant public understand the designation primarily to refer to that genus of goods or services? It is not necessary to show that the relevant public uses the term to refer to the genus. The correct inquiry is whether the relevant public would understand the term to be generic.
A Generic mark can never be protected. What is a Generic brand? A mark is generic if its primary significance to the relevant public is the class or category of goods or services on or in connection with which it is used. A two-part inquiry is used to determine whether a designation is generic: (1) What is the genus of goods or services at issue? (2) Does the relevant public understand the designation primarily to refer to that genus of goods or services? It is not necessary to show that the relevant public uses the term to refer to the genus. The correct inquiry is whether the relevant public would understand the term to be generic.
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Generic
Mark
We hope that the above explanation helps you select a strong and protectable trademark for use with your goods or services.
We hope that the above explanation helps you select a strong and protectable trademark for use with your goods or services.

Our Recent Trademark Registrations

Our Recent Trademark Registrations

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