If you have ever searched for trademark rights, you have probably come across the term “common law rights” or “common law trademarks.” Before diving into how these rights work, it is helpful to start with the definition of a trademark. A trademark is a word, phrase, symbol, design, or a […]
Fair use is an exception to the limited monopoly created by most intellectual property rights, including trademarks and copyrights. This post focuses on how fair use applies to trademarks. A follow-up article will address copyright fair use. If you are unsure which applies to your situation, you may also find […]
The Florida Department of Business and Professional Regulation (DBPR) is the state’s primary regulatory agency for professional licenses. It oversees more than thirty industries and professions that form the foundation of Florida’s economy. From contractors who build homes and commercial structures, to real estate agents who facilitate property transactions, to […]
In today’s competitive business climate, Florida SMBs must manage risk while moving quickly to close deals to grow revenue, maintain a secure supply chain, and secure new strategic partnerships. Contracts are the vehicle through which these opportunities are formalized. Without a structured review and approval process, businesses risk entering into […]
While it is true that almost anything can be protected as a trademark, the context around its use makes a big difference. Choosing a trademark carefully is important to avoid pitfalls and to support the long-term growth and strength of a brand. Generic vs. Distinctive Terms A classic example of […]
Running a business in Florida often means juggling a maze of rules and requirements from multiple regulatory agencies. Even careful business owners can find themselves accused of breaking a rule they never knew existed. The good news is that Florida law recognizes that not every misstep should carry harsh penalties. […]
Slogans, like “JUST DO IT”, can be among the best and most memorable trademarks a company can use. But how protectable are they, and what can a business do to make sure that its slogan is protected? Slogans as Trademarks At its core, a trademark is a goods/source identifier. In […]
Following up on my What’s the Difference Between a Trademark, a Copyright, and a Patent? blog post, someone asked, “Do I automatically get copyright protection when I create something?” And the short answer is yes – sort of. Automatic Protection In the United States, copyright protection attaches automatically to original […]
When you receive notice that an administrative complaint, notice to show cause, or other charging document has been filed against your license, your first instinct may not be to reach out to your customers. After all, telling your customers that your livelihood is at risk can feel counterintuitive. But in […]
Clients often want to know how long it takes to register a trademark. The short answer is that it can take anywhere from a few months to several years. The good news is that many of the variables affecting how long it takes for a trademark application to mature to […]