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The Law Offices of
Edward A. Maldonado, PA
815 Ponce De Leon Blvd.
Suite 304
Coral Gables, FL 33134
Tel: (305) 477-7580
Fax: (305) 477-7504
Toll-Free: 1+ (877) 245-6326
eam@maldonado-group.com
Our hours of operation are:
9:00am EST to 5:00pm EST
Edward A. Maldonado, Esq.
Practicing Attorney
since 1997
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Proud Alumnus of
Serving Miami, Florida
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Trademark Prosecution with USPTO and Trademark Litigation
“Great discoveries and improvements invariably involve the cooperation of many minds” |
Protecting your brand (be it over a product like equipment, a technology, a consumer good or a novelty item, or be it over a service like prepaid debit cards, stored value cards, telecommunications, VoIP, E-commerce, professional services, or business services) is an important priority for us.
However, merely self-registering a name with the USPTO is not enough these days. Others may have prior use or rights to the name, logo, or trade appearance of your brand that can invalidate the use of your brand or conflict and lead to infringement litigation against your brand. As a part of any trademark or service mark sought by our clients, we require comprehensive trademark and service mark searches before any submission.
Our firm provides trademark search, prosecution and trademark litigation in conjunction with registered patent attorneys and seasoned litigation counsel. For our team, trademark prosecution involves more than simply performing an initial “knock-out” search before immediate registration, it involves brand planning to map out problems not only in the initial process of obtaining the trademark from the USPTO, but protecting it over the long-term life of your use of the trademark. Your trademark or service mark will:
- Identify your company, its business and a particular product or service separate from competitors
- Be a source of identifiable profits in your industry
- Have value based upon the quality and reputation of your product and customer service associated with it
- Be an independent asset to your company
To keep your trademark’s value to you and your company, it must be constantly guarded and protected against:
- Online dilution by infringers, clone marks, or substantially similar marks or trade dress that will cause your consumers to be confused
- Counterfeiting of your brand, trademark or product/service by in-country of out-of-country counterfeiters
Protecting your brand is therefore an important priority for us. As a part of any trademark or service mark sought on behalf of our clients, we require comprehensive trademark and service mark searches before any submission or commencement of litigation.
A comprehensive trademark search/service mark is a search that searches the following databases:
- Federal trademark database search for direct hits and similar marks, including similar-sounding names
- Comprehensive state trademark database search (all 50 states)
- Common law database search of over 15,000,000 records
- Worldwide website name database search.
Should a conflict arise, clients meet with us for consultation to evaluate options and review alternative brands. Sometimes it is a matter of modifications, and other times, the Brand may need to be overhauled prior to application to the USPTO. Likewise, the application process will be foretelling of possible problem areas. This will depend on feedback from USPTO examiners in any office action to reject the registration. Every trademark is unique and our focus is not on mass production of filings, it is based upon securing and protecting a brand.
Post Federal Trademark & Service Mark Registration Protection
Once a brand has cleared the USPTO as a trademark or service mark, enforcement of your trademark rights are of the utmost importance. In addition to direct infringement, online dilution of brand and counterfeiting are the greatest risks for USPTO resgistered marks. Our firm offers the following services for clients with existing registered marks or in the post registration phase, they include:
- Preparation of license agreements, assignments and security interests in these rights
- Due diligence for clients branded transactions, and to investigate and discover dilutions, counterfeiting or diversions by infringers
- Trademark infringement cease and desist demand letters
- Anti-counterfeiting civil actions with writs for search and seizure to seize and destroy counterfeit goods in ports of entry (primarily in Miami and all Florida) or in warehouses.
- Investigation of brand counterfeiting, unauthorized brand use, sale of counterfeit goods
- Investigation of online dilution of brand or service marks
- Federal litigation of trademark dilution (in distribution channels and over the Internet)
- Defense of alleged trademark infringement and trademark counterfeiting
Our firm can assist you in the protection of your trademark in the above areas in post-registration phase. However every mark, like every client, is unique. Since trademark registration and enforcement is fact and usage driven, so there are a number of issues that can affect a viable mark. First and foremost of these being the specific entry of the mark into commerce. Issues as to first use, location, internet publication or the e-mail distribution of the mark all are essential in establishing or dispelling a mark holder’s rights. Consultation with our firm before any estimate of work or engagement is required for the interest of both our clients and attorneys. We reserve the right to decline any trademark work based upon information provided at the consultation.
Contact our firm today at (305) 477- 7580, Toll-Free at 1-877-245-6326, or via e-mail for general questions as to our specific services or representation on a particular matter.Individuals and businesses facing the threat of imminent lawsuits, regulatory Enforcement Actions or criminal charges are urged to contact The Law Offices of Edward A. Maldonado PA today to schedule a complementary consultation from our South Florida law firm. Time is always of the essence in such cases.
Most of all, thank you for visiting The Law Offices of Edward A. Maldonado PA website. Let us know if this site and its links were a helpful resource as a prospective or existing client.