Intellectual Property, and Trademark protection attorneys and lawyers in
Melbourne, Florida: Brevard County
Intellectual property law, as a specific area of business law and includes trademarks, and licensing. Often this area of the law is complex and esoteric, but it is a necessary part of a properly designed business endeavor. Trademarks and Patents are legal instruments created to establish ownership in the creation, design or innovation of a product, design mark, or even a process. It is a very important part in business establishment and protections from copycatters and cheaters.
Intellectual Property can take many forms and entail many aspects of legal sub-specialties. To properly execute legal protections for intellectual properties, it is essential that you or your business consult with n experienced property law firm attorney that can assist you in establishing and protecting your legal rights.
The areas of intellectual property we can assist you with include:
- Business Registration
- International Patents
- International Trademarks
- Invention Protections
- License Agreements
- Non-Disclosure Agreements
- Sign Marks
- Trade Secrets
What is a Trademark?
A trademark is a word, phrase and/or symbol that identifies and distinguishes one good or product from another. A service mark is very similar to a trademark; however, a service mark is a mark identifying a service rather than a physical product. The owner of a trademark or a service mark can prevent others from using their mark in the market place. They can also prevent the use of a word, phrase or symbol that is likely to cause confusion with the owner’s mark. This protection only applies to the geographic area where you are actually using the mark and limited surrounding areas. The benefit of federal registration of your mark is that you can expand this area of protection nationwide.
Trademarks vs. Patents
Unlike a trademark, which protects a word, phrase and/or symbol, a patent protects an invention or new innovation. The owner of a patent is granted the right to exclude others from making, using or selling their invention for a set period of time. Unlike patents, trademark protection is not limited to a set period of time. As long as the mark’s registration is properly renewed, trademark protection can last indefinitely. Both patents and trademarks offer their owners an exclusive property right. This property right can be sold, transferred, or assigned. If another person or company infringes on your property right by using your mark or invention, you can file a lawsuit to stop their infringement of your trademark or patent. Our attorneys can help you decide whether a trademark or patent is right for your business.
Registering Your Mark
Registration of your mark provides notice to others of your claimed ownership in the registered mark. Registration also expands your geographical area of trademark protection. Arcadier & Associates, P.A. can help you register your trademark or service mark in Florida, the United States or internationally. Prior to selecting your mark, you should consult with our trademark attorneys. Often times, business owners adopt a mark without considering whether that mark can be registered. Problems arise when the registered mark is already in use by another. It is important to consider how much protection a particular trademark will provide. The words that you choose for your trademark are crucial in determining how much protection your mark will provide. By consulting our lawyers at the start of your business venture, you will save valuable time and money that would be lost investing in a poor trademark choice.
Arcadier & Associates, P.A. offers services in several areas of law, including business law, property law and trademark law and patent law. Our attorneys can provide comprehensive advice for starting your new business by offering advice in the selection of your trademark, patent submittals, registration of your mark, incorporation of your business, the purchase, sale and lease of property, and drafting of contracts. If your mark is infringed upon, our litigation attorneys can file suit to stop the use of your mark by others and protect your rights, including sending cease and desist letters, filing for injunctions and injunctive proceedings. Patent law often involves many areas of law which may require many different types of legal specialties. At Arcadier and Associates, we are eight experienced and qualified attorneys ready to assist you in the full scope of business needs. Don’t allow your business to be unprotected. You should protect your intellectual property and rights with the appropriate patents and trademarks applications. If your intellectual property needs require international protections, take advantage of our international legal connections with AV rated firms from around the world.
If you have a business need including filing patents, trademarks, sign marks or seek other types of intellectual property protections as afforded by federal law and trade agreements, Arcadier and Associates can help. A straight-forward consultation with one of our attorneys can protect your business interests and give you the legal protections need from an unscrupulous infringement on your property and rights.