Do I Need to Work with a Trademark Attorney to Register a Trademark?

We often receive calls from prospective clients asking why they should hire a trademark attorney and can they navigate the trademark application process themselves? The short answer is, I don’t know, can you? You can cut your own hair or defend yourself in a death penalty case. You CAN. But should you? Probably not! Before you decide whether to hire a trademark attorney or do it yourself, consider the following. Do you know the ins and outs of the trademark registration process and how the US Patent and Trademark Office (USPTO) works? Do you know the potential pitfalls and common mistakes that can slow down your trademark application process or block your application altogether? Have you practiced trademark law for more than 10,000 hours, thereby making you, for all intents and purposes, an expert on trademarks? Probably not. But good news for you, the trademark attorneys at FlatFee Trademark do and we have!

Let's consider two frequently overlooked benefits of hiring a tra...

November 19, 2014
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Using a U.S. Patent and Trademark Registration Attorney For Your Trademark Process

Working with a licensed U.S. Patent and Trademark Registration Attorney has many benefits over trying to learn and navigate the trademark application process on your own. For starters, there are many areas in which you could make a mistake, overlook important information, or submit improper documentation that may result in your trademark application being refused.At FlatFee Trademark, all of our trademark registration attorneys have over 12 years of experience in trademark law. We have filed hundreds of trademark applications with the U.S. Patent and Trademark Office (USPTO), and obtained hundreds of registrations on behalf of our clients. This experience, as well as in-depth knowledge and understanding of the intricacies of U.S. trademark law, gives us a significant advantage in navigating the potential pitfalls of the federal trademark registration process. At FlatFee Trademark, we strive to educate our clients on the trademark process and we offer sound legal advice on how to s...
November 15, 2014
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When and Why You May Need to Hire a Trademark Attorney

Registering a federal trademark may, at first blush, seem like a fairly straightforward form process. But unbeknownst to many DIYers, the trademark registration process at the U.S. Patent and Trademark Office (USPTO) can be quite long and complicated. There are many areas for errors and bases of refusal. And if your application is filed incorrectly and refused registration, you risk losing your filing fees without obtaining registration.This month, we consider when and why you may need to hire a trademark attorney to guide your trademark process.1. Trademark Law Is More Complicated Than It May Seem. Trademark law is a highly specialized area of the law subject to specific regulations, unique filing requirements and it is strictly enforced by the U.S. Patent and Trademark Office (USPTO). The USPTO employs an army of attorneys who are well-versed in the nuances of trademark law to review every trademark application filed for registration. If the USPTO uses attorn...
October 30, 2014
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Why Business Law is Important For Your Business

Chances are, if you’re in business or going into business for yourself, you know where your strong suits lie and your business (or at least your role in it) maximizes your strengths. And unless you are an attorney, or studied law, chances are the legal aspects of your business fall outside your areas of knowledge and expertise. But business law encompasses many areas of your business and is worthy of proper attention, preferably from an experienced business attorney or trademark lawyer who knows the intricacies of organizing a business, managing corporate governance, protecting intellectual property under trademark law, and negotiating employee contracts and third-party agreements.
October 23, 2014
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Trademark Coexistence Agreements

A trademark coexistence agreement 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 goo...
August 26, 2014
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Forming a Florida Limited Liability Company (LLC) – Corporate Law Basics

Forming a Florida Limited Liability CompanyForming a Florida limited liability company is done 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

Florida 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 ou...
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 t...
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.

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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