Florida versus Federal Trademarks
In past trademark blogs, I am sure I have stated my opinion that Florida trademark registrations are next to useless. The best way to protect your brand and your business is to hire a Florida trademark lawyer to file an application for federal registration of your trademark. Most Florida business owners however are under the misconception that they cannot file a federal trademark application because they only have one or more locations within the state of Florida. While it is true that you do need use in “interstate” commerce in order to qualify for a federal trademark registration,...
read moreMobil Gas Station Gets Their Trademark
Almost One and A Half Years After Filing, Mobil’s Tradedress Application is Approved for Publication. The mark consists of the configuration of a blue, red, white, and green fuel dispenser with the word “MOBIL” where the letters are displayed in blue except for the “O” which is displayed in red on a white background positioned at the top of the dispenser, the color blue displayed in the middle and bottom portions of the dispenser with the word “REGULAR” displayed in white on a green background, the word “SPECIAL” displayed in white on a...
read moreCan I Protect My Last Name or Surname as A Trademark?
Trademarks that are primarily merely surnames are typically not protectable as trademarks absent a showing that the trademarks have acquired distinctiveness. What constitutes “acquired distinctiveness” will be the subject matter of another blog. In this trademark blog, I just intend to focus on how the United States Patent and Trademark Office determine whether a mark is “primarily merely” a surname. You may not be surprised to know the Trademark Office has taken the position the surnames Johnson and Jones are primarily merely surnames, but the surnames Cotton and King are not....
read moreIs your Florida State Trademark Registration Useless?
A Florida state trademark registration provides very little more to trademark owners than merely relying on common law trademark rights. A Florida state trademark registration does place third parties on notice of your claimed rights (assuming they search Florida trademark records) and does serve as proof that on a certain date you registered your mark in the State of Florida. Aside from that, Florida state trademark registrations are pretty useless. Surprisingly, a Florida state trademark registration does not even necessarily protect you throughout the State of Florida. So what do you do...
read moreUnderestimated Reasons to Register Your Trademark
As a Florida Trademark attorney I believe the top two underestimated reasons that it is more important than ever to register your trademarks are: 1. Intermediaries such as Google and EBay regularly receive complaints that items found on their sites infringe the intellectual property rights of others. These companies are disinclined to evaluate common law rights and make determinations regarding priority of use, and will therefore rely on federal certificates of trademark registration in determining whether to take down allegedly infringing items. If you cannot produce a certificate of...
read moreWhy it is Important to Search Your Trademark Prior to First Use
Fox News Oklahoma recently exemplified why business owners should search and register trademarks before they start using them. Trademark attorneys for Taco John’s restaurant in Wyoming sent a cease and desist letter demanding that Oklahoma City based Iguana Mexican Grill stop using the phrase “Taco Tuesdays.” Taco John’s owns U.S. Trademark Registration No. 1,572,589 for the trademark TACO TUESDAY. Despite the fact that the restaurants are in different geographical areas, a federal trademark registration is a powerful tool that provides its owner with nationwide priority in the United...
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