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Tampa Business Litigation Attorneys / Tampa Trademark Litigation Attorney

Tampa Trademark Litigation Attorney

Even after you have established a trademark for your business, you need to watch for similar trademarks that could potentially weaken your brand. Our Tampa trademark litigation attorney represents businesses who prosecute and defend their trademarks. If you are worried about another trademark that is in conflict with yours, contact our experienced attorney to learn more about your rights under federal and state trademark law.

Confusion Among Trademarks

Businesses must apply for and register their trademark with the United States Patent and Trademark Office (USPTO). The USPTO will deny your application for a trademark if there is a probability that it will be confused with a trademark that has already been registered. The best way to determine if your trademark will be confused with another is to compare the marks to determine if they are similar. You should also compare the products and services being offered to determine if they are similar in nature to the trademark that already exists. Similarities in trademarks can refer to many different aspects of a mark, including:

  • Names that sound similar, even if they have different spellings,
  • Logos that are similar in design,
  • Trademarks that mean the same in more than one language, and
  • A design that leaves customers with similar commercial impressions.

Before applying for a trademark, it is important to check the USPTO database to determine if there are registered trademarks that will conflict with yours. Once you have established your trademark, you should then look for companies whose mark may confuse clients or customers. If there are similar marks, it could cause your customers to become confused. Creating a trademark that is distinctly unique can make it harder for other brands to copy, and provide a solid defense if you ever have to enter trademark litigation.

Trademark Infringement Defenses

There are many defenses available in trademark infringement cases. The most common of these are as follows:

  • Descriptive fair use: The defense of descriptive fair uses identifies a descriptive term that reasonably describes a good or service. For example, a man named Jack Daniels may create a website for his bar with the same name. While there is already a very famous Jack Daniels liquor, the business owner would likely not be forbidden from using the name.
  • Nominative fair use: This defense refers to the actual product covered by a trademark. For example, if a retailer wanted to poll customers about the brand of coffee they preferred, they may use the Starbucks logo. The retailer would be using it to describe the actual Starbucks chain and so, they can use this as a defense.
  • Laches: Laches refers to a trademark owner taking too long to take legal action regarding trademark infringement.

Call Our Trademark Litigation Attorney in Tampa for a Consultation

Whether you need to prosecute or defend a trademark, you likely have questions about how to defend your own. At BBDG Law, our Tampa trademark litigation attorney can answer them and provide sound legal advice so you obtain the best outcome possible. Call us now at (813) 221-3759 or contact us online to schedule a consultation with our knowledgeable attorney.