Trademark Coexistence Agreements

Trademark coexistence describes a situation in which two different enterprises use a similar or identical trademark to market a product or service without necessarily interfering with each other’s businesses. This is not uncommon. Trademarks are often used by small businesses within a limited geographical area or with a regional customer base. Identical or similar trademarks, when used in connection with the same goods or services, need not lead to conflict or litigation, as long as the trademarks in question continue to perform their main function, namely to distinguish the goods or services for which they are used from those of competitors.The problems start if this distinguishing function no longer works because the businesses for which the trademarks were originally used begin to overlap. Thus, trademarks that happily coexisted at one time may suddenly enter into a conflict. This is particular frustrating where both businesses use their identical trademarks in good faith - in...
August 26, 2014
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Forming a Florida Limited Liability Company (LLC) – Corporate Law Basics

Forming a Florida Limited Liability CompanyA Florida limited liability company is formed by filing articles of organization with the State of Florida Division of Corporations (SUNBIZ). Limited liability companies are distinguished by the name ending "LLC." The owners of a limited liability company are called members. Just as with a corporation, members in a limited liability company do not have personal liability for liabilities that arise in the ordinary course of business. The protection against personal liability provided by a limited liability company is equivalent to that provided by a corporation. (more…)...
July 21, 2014
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Minott Gore Florida Small Business Lawyers – Small in Size, Big on Delivery

In cities and states across the country, customers find value in patronizing small businesses where they can support the local commercial ecosystem, establish personal relationships and a sense of community that’s often lost when dealing with big box retailers and Fortune 500 companies.The small businesses, on the flip side, realize that while they may not be able to compete with large corporations on pricing, for example, they can compensate by offering more tailored options and personalized service to satisfy their customers. Hiring a business attorney is really no different.

Florida small business lawyers

Floria small business lawyers are located in communities close to their clients and can understand the unique issues, obstacles and regulations they may face because chances are the lawyers themselves once had to navigate similar circumstances. Whether it’s starting out...
June 3, 2014
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Miami – The Next Great Startup City

What makes a city a great entrepreneurial hub? What does it take to attract top talent, incubate home grown technologies and launch innovative new ideas into the business stratosphere? These are the kinds of questions considered at StartUp City: Miami, hosted by Atlantic Magazine and the Knight Foundation and held at the fantastic New World Center on Miami Beach last week.I keep telling everyone I meet and everyone who asks me "why Miami?..." Miami is on the cusp of becoming the next great American city. We have beautiful weather and the beach, but there's something else truly exciting going on here. In the years since I've called South Florida home, there's a new energy, a buzzing entrepreneurial spirit that's taking hold of the city like never before. Sure, Miami has always had an extremely high concentration of small businesses and entrepreneurship. But this is different. This is 21st century entrepr...
April 10, 2014
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Intent To Use Trademarks Explained

What is an Intent-to-Use Trademark Application and is it worth your while (and money) to file one?Trademark owners who are not yet using their trademarks in commerce or who do not have proper specimens showing use of their trademark may file an Intent to Use trademark application with the United States Patent and Trademark Office (USPTO). The Intent-to-Use application is based on Section 1(b) of the Trademark Act. The applicant must include a sworn statement of their bona fide intention to use the mark and must begin actual use of the mark in commerce before the USPTO will allow trademark registration.Once the applicant makes actual use of their mark in commerce, the Applicant must notify the USPTO of such use. An Amendment to Allege Use may be filed any time between the filing date of the application and the date the USPTO approves the mark for publication. If an Amendment to Allege Use is not filed and the ITU mark passes the USPTO Examiner's initial review and publicati...
February 25, 2014
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Forming a Florida Corporation – Corporate Law Basics

Selecting the proper corporate entity is the first procedural step when you are ready to start your own business or take over an existing one.   The most appropriate corporate entity for your business depends on the number of owners and their objectives regarding ownership.  There are four types of business entities most commonly used to operate a business in the State of Florida.1. Corporation
 - Profit and Non-Profit 2. Limited Liability Company 3. Sole Proprietorship 4. General PartnershipThis post considers the basics of forming a Florida corporation.


There are two types of corporations that one may form in the State of Florida - profit or not-for-profit.  Both are formed by filing articles of incorporation with the Department of State and are distinguished by the name endings “Inc.” “Corp.” or “Co.”  Corporations are also subject to an occupational license requirement and must apply for a FEIN.  A corporatio...
December 17, 2013
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Trademarking Basics – The Likelihood of Confusion Standard Explained

When a trademark application is filed with the United States Patent and Trademark Office (USPTO), it is subsequently assigned to an Examining Attorney who reviews the application for errors, omissions or other substantive issues that may bar registration. One of the most common issues that may block your trademark application at the USPTO is a likelihood of confusion with another mark.iStock - rubber stamp approved medIf the Examining Attorney finds that the applied-for trademark is confusingly similar to a registered or pending trademark, he or she will issue an Office Action setting forth the basis for that determination. In short, the Examining Attorney is of the opinion that the trademark sought to be r...
November 21, 2013
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Minott Gore Partner Invited to Atlantic Magazine | Bank of America Roundtable Dinner

Minott Gore attorney and co-managing partner Serena Minott was recently invited to attend a roundtable dinner hosted by Atlantic Magazine and Bank of America at DB Moderne Bistro in Miami, Florida.The single-table dinner event brought together a small group of leading small business owners and advocates to discuss business trends in Miami, as well as the tools and resources business owners need to succeed in today's competitive economic market. The discussion focused on the tech entrepreneurship boom currently underway in Miami, the challenges of doing business here, and ideas and solutions for change or improvement. Other guests included senior leaders from the Miami small business community - technology entrepreneurs, a private equity attorney, CEOs of national corporations and organizations, venture fund directors, leaders from local chambers of commerce and one member of the press.Attorney Minott practices in the areas of business law, entrepreneurial advising and tradem...
November 1, 2013
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Minott Gore Ranked As a Top Trademark Law Firm 2013

The Law Office of Minott Gore, P.A. was recently ranked as a Top Trademark Law Firm for 2013 by IP Today Magazine. Minott Gore represents clients throughout the United States and internationally on matters of intellectual property law and trademark protection. Co-founding attorneys Keesonga Gore and Serena Minott launched the firm’s dedicated trademark and intellectual property website,, in 2008 to serve the needs of small business owners and entrepreneurs looking for affordable trademark registration services from experienced trademark attorneys.

October 26, 2013
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What exactly is a Trade Secret?

We’ve written at length about the importance of protecting the value of your intangible business assets, namely your trademark, brand name, logo or slogan. But what about the other intangibles that make your business run? For example, what is a trade secret, and how do you protect them?

In short, any confidential business information which provides your business a competitive edge may be considered a trade secret. Trade secrets may include manufacturing or industrial secrets, commercial secrets and/or business know how. The unauthorized use of such information by others outside of your business is considered an unfair practice and a violation of the trade secret. Trade secrets may be defined in broad terms and may include sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, recipes, formulations, and ma...