Trademarks protect the names and identifying marks of products, services, and companies. They represent highly valuable assets of a person or company. Further, a trademark may protect a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. Examples of potential trademarks would be a business logo, symbol, name, or slogan. Some notable examples of trademarks include the McDonald’s double arches, the logo on an Apple computer, Nike’s slogan “Just Do It”, and even the shape of a Coca Cola bottle.
It is imperative that a person protects his or her intellectual property rights through proactive and preventative measures provided by law. When an intellectual property owner’s rights are violated, it is important to hire a competent intellectual property lawyer to advise an owner of his or her rights and to strategically create a plan of action.
Gainesville, Florida, intellectual property attorney, Richard Knellinger is knowledgeable about trademarks and different areas of intellectual property. In addition, our legal professionals will make sure that you understand your legal rights as the trademark owner and how to properly use and maintain your trademark.
Not every mark must or can be registered.1 Common law trademark rights are judicially created rights governed by state law that exist independent of state and federal statutes.2 Under common law, a trademark owner has protection once he or she begins to use the mark in commerce to indicate the source of goods or services as long as the mark qualifies for trademark protection and does not infringe on the existing state and federal trademarks of another.3 However, federal registration provides significant advantages to an owner of a mark.4
Common law protection
Federal registration protection
A trademark can last forever, as long as the trademark owner continues to use the mark in commerce to indicate the sources of goods and services.7 A federally registered trademark must be renewed every 10 years.8
Enforcement of rights
Our intellectual property lawyer, Richard Knellinger at the law office of Knellinger & Associates, in Gainesville, Florida can help you protect your trademark. Call our Gainesville, Florida law office to schedule an appointment to find out how we can help you with your trademark.
1. United States Patent and Trademark Office, Protecting Your Trademark: Enhancing Your Rights Through Federal Registration, available at http://www.uspto.gov/sites/default/files/BasicFacts.pdf.
The Law Office of Knellinger & Associates provides legal advice and representation for individuals, entrepreneurs, and business owners in Gainesville, Florida, and communities throughout north central Florida, including cities such as Ocala, Starke, Palatka, Lake City, Middleburg, Trenton, Bronson, Lake Butler, Cross City, Williston, Chiefland, Alachua, Jasper, Live Oak, and Jacksonville, Florida.
Alachua County ● Putnam County ● Clay County ● Bradford County ● Union County ● Columbia County ● Gilchrist County ● Levy County ● Marion County ● Hamilton County ● St. Johns County ● Dixie County