Submitting a trademark application is the first step in protecting your intellectual property. Intellectual property is a product of your mind and deserves to be protected as you would anything else.

This guide to trademarks and trademark searching will help you through the trademark application process but as always, if there is anything you do not understand, contact patent and trademark attorneys in Monroe County for assistance.

Intellectual Property Protection

Understanding the different types of intellectual property protection will help you determine what you need.

Trademark
A trademark is defined by the United States Patent and Trademark Office (USPTO) as “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.”

Trademarks can last forever, as long as they are in continuous use of indicating goods and services. While trademark registration is not mandatory, federal registration of a trademark with the USPTO has several advantages.

These advantages include a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

Patent
A patent is defined as “a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.”

There are three types of patents: utility, design, and plant. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions. Design patents last for 15 years since the date of issuance, while utility and plant patents last for 20 years since the application was filed.

While some patents may be lesser known to the public, trademark and patent trademark lawyers in Monroe County are well-versed in them, due to the environment surrounding Monroe County.
Copyright
A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

Copyright exists from the moment an author fixes the work in a tangible form of expression. Copyright owners do not have to register their work, but registration is necessary to enforce the exclusive rights of copyright through litigation.

It can be hard to understand which type of protection your intellectual property needs, which is why contacting patent and trademark attorneys in Monroe County should be your first step.

Things to Consider when Selecting a Mark

The USPTO thoroughly examines each trademark application received. Before submitting a trademark application, the USPTO recommends that you: consider (1) whether the mark you want to register is registrable, and (2) how difficult it will be to protect your mark based on the strength of the mark selected.

Working with trademark patent trademark lawyers in Monroe County will be the easiest way to determine whether or not your application is ready to be submitted, but the basic guide below can help you get an idea.

Similarity of marks

The first step that the USPTO takes when reviewing a trademark application is to determine whether a likelihood of confusion exists.

If a mark is similar in sound to another when it is pronounced, a likelihood of confusion may be determined to exist. The words in your trademark do not have to be identical to another’s, but they cannot be phonetic equivalents.

If your mark is very similar in appearance to another, even if it is in a different font, the USPTO may determine that there is a likelihood of confusion.

If your mark has the same meaning, commercial impression, or mental reaction as a pre-existing trademark, it may be considered similar.

Relatedness of goods/services

The USPTO determines that a “likelihood of confusion will exist only if the goods and/or services upon which or in connection with the marks are used are, in fact, related”.

While the goods and services between your mark and a pre-existing trademark do not have to be identical, a likelihood of confusion exists if the source of the goods and/or services could be confused.
In order to avoid a rejected trademark application in Monroe County, you should work with patent and trademark attorneys in Monroe County before submission.

An Outlined Trademark Searching Guide

Working with trademark patent trademark lawyers in Monroe County is very important in identifying potential problems with your proposed trademark. If you are in Monroe County and choose to forgo working with patent and trademark attorneys in Monroe County, you may have trouble with the searching process.

Describe the products or services being sold with your mark.

Using the online Acceptable Identification of Goods & Services Manual on the USPTO’s website, identify any specific terms that are associated with your goods or services.

It is not required to determine the international class of your goods or services, but it may be an aid in your search. This determination can be made using the Acceptable Identification of Goods & Services Manual.

Identify any terms that are related to your goods or services to determine related goods or services that are used, advertised, or sold with your product. It may be worthwhile to conduct this search in the International Classification of Goods and Services as well.

By developing a basic search strategy, brainstorm alternatives for your mark in case your first choice are taken. Determine the priorities of your mark to decide what you can afford to keep and what you can afford to lose.

Broaden your search strategy by searching for any alternative spellings or meanings on your mark.

Conduct the search via the USPTO's web-based Trademark Electronic Search System (TESS).

If you are in need of a more comprehensive guide to trademark searching, visit the USPTO website or contact intellectual property experts in Monroe County.

Do You Need Assistance with Conducting a Trademark Search?

The experts at Florida IP Attorney understand how crucial securing protection for your intellectual property is, and they want to help make the process as stress-free as possible.

Contact the experts at Florida IP Attorney today to see what they can do for you!