In this article, you will learn:
- About Attorney Jessica Portalatin and ideal clients
- The importance of trademark registration
- Who may need a trademark law attorney
My practice focuses on business law, so I help business owners with different aspects of their businesses. That could include buying and selling their business, drafting contracts for them, but a lot of times, it’s a registering their trademark, which is a vital part of the business. I actually fell into trademark law by accident. I had graduated from law school and was looking for a job in estate planning, which includes wills and trusts. I went to interview for a firm with an estate planning department, and was hired with the plan that I would be working in the estate planning department. However, in my first week of working at the firm, the attorney in charge of the business and trademark department left. So I ended up becoming the trademark attorney and the business attorney for the firm. I grew to love it. Trademark law is a fascinating area because it is a very subjective area. It is not a black-and-white decision. It is one of the most artsy areas in law, so I really enjoy it.
What Readers Can Expect To Walk Away With?
I really want the readers to truly understand what a trademark is because I do believe there’s a lot of confusion on what trademark covers since there are different types of IP protection. I want them to understand what a trademark is so that they can weigh the importance of registering their trademark and evaluate the benefits that registration brings. That’s my goal.
My clients are business owners in all types of industries. That includes restaurants, food trucks, gyms, distributors, contractors, dentists, doctors, and even other attorneys.
Misconceptions Regarding The Importance And Process Of Establishing And Registering Or Protecting Their Trademarks Or Portfolio
The most prevalent misconception is that trademark registration is a short process. When I first started registering trademarks years ago, it would take about nine months to a year if there were no issues with the application, but now, it’s taking about a year-and-a-half if there are no issues. If you are serious about your trademark, you should start the registration process immediately, especially if you have plans to franchise. license, or sell the brand, because you have to calculate the year-and-a-half into the game plan. Another misconception is that trademark registration is a black-and-white decision. Approval of a trademark considers numerous factors, many of which are subjective. The decision of whether your trademark will be approved for registration hinges on what an examining attorney at the USPTO is looking at and reviewing and deciding at his or her own discretion.
Another misconception I hear often is that if you register your trademark someone who is using the trademark or something confusingly similar needs to stop using it right away, even if that person started using it before you. That’s not true. Although registration gives you many rights, it does not necessarily mean it stops people already using the mark, even if those others don’t have their mark registered.
How To Protect Trademarks In A Strong Portfolio?
Trademark monitoring is crucial. It is a process that monitors various trademarks that are being used, and helps you find anyone that is infringing on your trademark. This is very important because part of maintaining your trademark rights is enforcing against those infringing upon your trademark. You can’t allow others to use your mark because it weakens your rights. Then, the second thing that should be done to keep your portfolio strong is staying up-to-date with the registrations and the filings.
The Necessity Of A Trademark Law Attorney
It is possible to file your own trademark application. However, an experienced attorney will be able to warn you of any issues in your application that may cause your trademark application to be rejected, and they can help you fix those issues or even avoid them altogether. So, for example, as we will discuss later on, not all words, phrases, or designs are able to be registered as trademarks. Knowing that information can save you hundreds, if not thousands, of dollars prior to filing. Using an experienced trademark attorney will actually save you money.
For more information on Trademark Law In Florida, an initial consultation is your next best step. Get the information and legal answers you seek by calling (305) 912-4247 today.
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