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Edward A. Maldonado, Esq.
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“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:
To keep your trademark’s value to you and your company, it must be constantly guarded and protected against:
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:
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.
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:
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.