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Protect Your Company’s Brands with the Help of an Experienced Florida Trademark Defense Attorney

Your company’s trademarks are likely among its most valuable assets. As a result, they are well worth protecting. This includes not only taking proactive steps to secure registrations and prevent unauthorized use but also pursuing legal action as necessary. Deciding when to take legal action (or how to respond to legal action) requires the insights of an experienced Florida trademark defense attorney.

We assist companies of all sizes with trademark enforcement. If your company has trademarks that it needs to protect, our lawyers can help you make informed decisions while taking all necessary legal action on your company’s behalf. We help our clients protect their trademarks in federal and state courts across Florida and throughout the country, before the U.S. Patent and Trademark Office (USPTO) and before international tribunals and registrars as well.

Enforcing Your Company’s Trademarks

Defending your company’s trademarks starts with knowing when you need to take action. Our trademark portfolio monitoring services help our clients identify potential instances of infringement promptly so that they can take action as soon as possible. When necessary, we help companies take defensive measures, including:

  • Sending Cease-and-Desist Letters – In many cases, sending a cease-and-desist letter is the first step toward defending a company’s trademarks. If an infringer is unaware that it is infringing, informal efforts could be all that is necessary to preserve exclusive control over the company’s brands.
  • Pursuing Trademark Infringement Claims – If a cease-and-desist letter doesn’t have its intended effect, then pursuing a trademark infringement claim may be the next step. When necessary, companies can seek preliminary injunctive relief to defend their marks against continued unfair competition while pursuing additional remedies in court.
  • Responding to Opposition Proceedings and Cancellation Requests Filed with the USPTO – Competitors can seek to prevent registration of confusingly similar marks through opposition proceedings, and they can file cancellation requests to eliminate protection for confusingly similar marks. We have extensive experience helping companies defend their marks in all types of proceedings before the USPTO and its Trademark Trial and Appeal Board (TTAB).
  • Defending Companies’ Trademarks Abroad – We also have extensive experience helping companies defend their trademarks abroad. If your company is dealing with an infringer or facing an opposition or cancellation proceeding outside of the United States, a trademark defense attorney at Lott & Fischer can help.

Defending Against a Trademark Infringement Claim

In some cases, defending your company’s trademarks will also involve defending against allegations of trademark infringement. If your company is being accused of infringement, protecting its marks may involve not only defending against the plaintiff’s allegations but also showing that it is the plaintiff’s mark that is infringing. For trademark owners, responding to trademark infringement litigation requires a strategic approach based on a clear understanding of the parties’ respective rights, and working closely with an experienced Florida trademark defense attorney is essential for making informed decisions.

FAQs: Defending Your Company’s Trademarks in Litigation

What Does it Take to Defend a Company’s Trademarks in Litigation?

Defending a company’s trademarks in litigation requires proof that the trademarks are valid and have not been abandoned. It also requires proof that (i) the company has superior rights based on prior use or registration and/or (ii) use of the company’s marks does not create a likelihood of confusion with a competitor’s mark.

How Can Trademark Owners Defend Against Competitors’ Claims of Prior Use?

Regardless of registration, the first company to adopt a trademark earns exclusivity through the use of the mark in commerce. However, for unregistered marks, this exclusivity is geographically limited. As a result, defending against a claim of prior use will often involve establishing that either (i) the company’s registration anticipates the claimed prior use or (ii) the company’s use of its mark does not infringe the prior user’s geographically limited rights.

What Are the Keys to a Robust Trademark Defense Strategy?

There are several keys to a robust trademark defense strategy, one of which is taking proactive measures to prevent and detect infringement. Timely registration is a critical step as well, and trademark owners must be prepared to take legal action promptly to defend their marks when necessary.

Schedule a Consultation with a Florida Trademark Defense Attorney

At Lott & Fischer, we help companies defend their trademarks in Florida, throughout the United States and worldwide. To speak with an experienced Florida trademark defense attorney at our offices as soon as possible, please call 305-448-7089 or request a confidential consultation online today.