Trademark Practice Overview

Our services include conducting searches and investigations to determine the availability of marks and obtaining federal, state and foreign registration of trademarks, service marks, collective marks and certification marks. A trademark search and opinion allows you to determine if someone else has already registered a mark similar to your mark. This may be a valuable advantage, as it will allow you to transform your mark into a more distinctive mark before you begin investing valuable time and money into the goodwill of your mark. The firm's search and investigative services extend to designs and other non-traditional marks (such as auditory marks). Our research capabilities are bolstered by an in house private investigative unit, thereby insuring that the confidential nature of your mark is strictly maintained.

Trademarks are often essential to growing a company, product, or service. Trademarks provide assurance that your mark or image is distinguishable from another persons mark, and can be applied to any "mark" used to distinguish one manufacturer's goods from another's or one service provider from another.

Please email us or call us at (727) 230-4949 to schedule an initial consultation.

In the United States, a word, name, symbol, or object can be considered a "mark". Trademark laws protect your goods/services from being mistaken for someone else's goods/services that may have a similar trademark. Since trademarks distinguish the goods/services of one manufacturer from another, trademark rights in the United States primarily apply to the protection of the public from confusion or deception about the origin and/or quality of goods, services, or commercial identity.

Until you have a federally registered trademark, your trademark may not have the benefit of full protection. Before making a substantial investment in time and advertising with your trademark, it may be important to obtain a trademark search and consider the potential problems in the market place with use of the particular trademark.

Having a federally registered trademark with the U.S. Patent & Trademark Office will give you significant advantages for protection and enforcement, that are likely not available from your common law rights. Such as, allowing you to sue an infringer in federal court, protecting your mark against the importation of clearly infringing foreign goods, allowing you to use your mark nationwide, providing a constructive notice of rights, ownership, evidentiary presumptions, and anti-counterfeiting remedies.

Although the benefits of a trademark are often immeasurable, a trademark may or may not be enough to effectively and legally protect your goods and/or services. In addition to a trademark, it may be necessary to secure a patent and/or copyright. Before deciding if a trademark is adequate protection for your goods and/or services, it is imperative that you seek a legal recommendation from Maxey Law Offices.

Please email us or call us at (727) 230-4949 to schedule an initial consultation.

Practice Areas
  • Patent Procurement
  • International Patent Procurement
  • Industrial Design Registration
  • Opinions of Patentability
  • Opinions of Infringement/Non-infringement
  • Patent Validity/Invalidity Studies
  • Due Diligence Reports
  • Appeals before the Board of Patent Appeals and Inferences
  • Prior Art Searches
  • Patent Licensing Issues
  • Product Clearance Opinions
  • Patent Portfolio Management
  • Trademark Selection and Clearance
  • Trademark Procurement
  • Trademark Maintenance-Domestic and International
  • Trademark Counseling, including Portfolio Management
  • Trademark Licensing
  • Trademark Due Diligence
  • Trade Secret Procurement
  • Copyright Procurement
  • Copyright Disputes
  • Copyright Litigation
  • Trademark Disputes
  • Trademark Litigation
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