Our Miami Trademark Law Firm offers cost-effective and comprehensive solutions for all of your trademark, trade dress, domain name registration, copyright and entertainment law needs. This includes cost effective flat fee programs for trademark & copyright filings, as well as similar programs to fit your legal budget.
TRADEMARK PROTECTION SERVICES
Trademarks and service marks help protect your business’ brand name, logo, or slogan. Moreover, trademarks help identify the source of your goods and services over and above your competitors. As our economy becomes more global and interdependent on e-commerce and Internet transactions both trademarks and service marks will continue to grow in value and importance.
Trademark Clearance Searching:
Registration before the United State Patent & Trademark Office (USPTO) of your brand name, logo and/or slogan may provide a key competitive edge. Often, it is advised and advantageous to determine whether your trademark or service mark is available in the United States or in other countries that you desire to offer your goods or services. Prior to investing time, effort and money into a particular name or logo, a trademark clearance search performed by one of our Miami trademark lawyers is prudent and well-advised in many circumstances.
A simple trademark clearance search by our Miami trademark law firm may help save thousands of dollars prior to labeling your goods with a proposed new name or logo. Often our Miami trademark attorneys can perform a search in just a few hours from your first call. Moreover, our Miami Trademark firm is experienced and well-versed in performing detailed, comprehensive and exhaustive searches.
Apart from registration, a trademark clearance search and opinion, may help prevent the risk down the road of an allegation or claim of trademark infringement by an unknown third-party trademark owner.
Trademark Preparation & Filing:
Registration of a trademark or service mark for your brand name, slogan or logo represents one of the best values in the field of intellectual property law. However, registration of a trademark does require a level of skill in determining the proper identification / description of the goods/services, selection of the right classification(s), and providing appropriate proof to the Federal government of your use of the mark in commerce. We are here to help and guide you through this process, as well as prepare and file all necessary paperwork.
Our Miami trademark law firm has has multiple practitioners licensed to practice before the United States Patent & Trademark Office. Moreover, our experienced team has prepared, filed, and sought registration of hundreds of trademark applications. We understand the Trademark Office’s practices inside and out and know how to make the right moves to help progress from filing to registration. Moreover, we can often do this type of work in a cost effective and discounted flat fee basis.
International Trademarks & Madrid Filings:
We maintain a comprehensive network of foreign trademark associates throughout Europe, South America, Central America and the Caribbean to help file and register international trademarks. Our Miami trademark law firm likewise has experience with filing international trademark applications through the Madrid Filing system offered by the World Intellectual Property Association (WIPO).
Therefore, our Miami Trademark Attorneys can assist you in not only securing trademark rights in the United States, but also throughout Europe, Latin America and beyond.
In addition to securing these rights, our team of paralegals help assist with management and oversight of your International trademark portfolios. By offering global portfolio management of your trademarks, this ensures a comprehensive and value based asset for your business to help ensure growth and stability.
Trademark Licensing & Acquisition:
Our trademark attorneys have a wide breadth of experience in not only registering numerous trademarks, but also assisting clients in transactions to help license, monetize and/or acquire trademark portfolios. Our comprehensive trademark solutions include help with drafting, preparing and negotiating complex trademark licenses that ensure proper quality control provisions are included to technology transfer is effective and enforceable. Moreover, we help with performing due diligence and audits of intellectual property assets as part of any sale or acquisition of trademark portfolios.
Detailed, comprehensive and well-written trademark agreements can have a huge effect on your business. Don’t go it alone and don’t try to use downloaded forms from the Internet that are often not applicable or relevant to your transaction. Should you desire to create business transactions that ensure proper rights and responsibilities, timely reporting of sales and income, and detailed obligations for reported payments – contact us today.
TRADEMARK LITIGATION SERVICES
Cease and Desist Letters:
In today’s competitive business climate, a trademark owner is often required to enforce its registration and/or rights against a competitor, knock-off, copy-cat, counterfeiter and/or infringer. Many times, this can be solved by having one of our Miami Trademark Lawyers draft, prepare and serve a well articulated cease and desist letter. These letters provide notice to the infringer to conform their conduct and to stop with their illegal conduct.
Likewise, many times a manufacturer, distributor or vendor may receive a cease and desist letter from a trademark owner regarding a belief of infringement, consumer confusion, dilution or unfair competition. Our Miami Trademark Law Firm can help. We assist clients accused of infringement with responding to such allegations, contacting opposing counsel who authored the notice letter, and negotiating a resolution. Often these cease and desist letters are based upon misperception or misinformation. Regardless, it is imperative that a timely responsive is prepared by a Miami Trademark Lawyer, and your rights maintained. Ignoring these letters may result in costly and unnecessary litigation. Many times, a phone call or a simply response by one of our Miami Trademark Attorneys can resolve many of these issues.
Trademark Enforcement & Litigation:
Often a cease and desist letter goes unanswered, is ineffective and in some instances unwarranted. In these three scenarios a trademark owner may be forced to enforce its rights through Federal or state court litigation. Our Miami trademark law firm is experienced and prepared to guide you through the maze and labyrinth of litigation. When trademark and trade dress disputes arise, it is important for you to have a seasoned, experienced and skilled trademark litigation attorney work to advocate for your rights.
Our Miami Trademark Infringement team team has handled over seventy-five (75) complex trademark disputes for some of Florida and Latin America’s most valuable trademark portfolios. Moreover, we have litigated these cases in not only Florida, but in Federal Courts throughout the United States, and through international arbitration.
We have taken hundreds of complex depositions regarding trademark matters and participated in hearings before Federal and state court judges. We likewise have experience in drafting and preparing trademark enforcement complaints and motions in these trademark disputes. We have had success after these filings and motion practice in negotiating advantageous settlement solutions on behalf of our clients to help receive the relief and results that they deserve.
Miami trademark attorney Robert H. Thornburg has been tapped on multiple occasions to serve as a trademark expert in complex trademark disputes throughout the country.
Unfair Competition & Dilution:
In scenarios where a trademark holder has not registered a well known and source identifying mark, it may be possible to bring an unfair competition claim under the Lanham Act to enforce that unregistered mark against a competitor. We help prepare, file, enforce as well as defend unfair competition claims in both state and Federal court both in Miami and nationwide. Similar to trademark enforcement proceedings, our team of Miami trademark attorneys will help to prepare motions and other court filings for purposes of enforcing and defending claims of unfair competition.
In addition, in scenarios where a well-known and famous mark is used for an unrelated category of goods or services – a trademark dilution claim may be brought as to the issue of tarnishment. Our team of Miami trademark lawyers likewise have experience in defending and litigating these types of claims under both the Federal and Florida State Dilution Acts.
Domain Name Dispute Resolution:
In addition to more traditional trademark enforcement and litigation services, our attorneys are also capable of assisting in domain name dispute resolution – when a third-party has begun to use your trademarked name as part of a web address. We have the capability of bring internet domain name arbitration proceedings before the World Intellectual Property Organization (WIPO) to transfer these infringing web addresses to you.
ON-LINE DIGITAL PRIVACY PROTECTION
In today’s online world there are multiple risks of having one’s right to privacy violated through inappropriate postings through social media, slanderous content placed on the Internet, misappropriation of one’s name or likeness, as well as atrocious acts such as revenge porn – all of which often requires the assistance and skill of a Miami Trademark Attorney. We routinely assert the following Florida based claims to protect your privacy as well as redress unauthorized use of your name or likeness:
- • Common law privacy claims under Cason v. Baskin, 20 So. 2d 243 (Fla. 1944)
- • Federal Cyberstalking Act, pursuant to 18 U.S.C. 2261A(2)(A)
- • Claims based upon Florida Chapter 540 (to protect against misapplication of name or likeness)
- • Trade libel, slander and/or defamation claims under Florida common law
- • Take down requests under Section 512(c) of the Digital Millennium Copyright Act (DMCA)
- • The new Florida Sexual Cyberharassment Law (effective Oct 1, 2015)
Our Miami Trademark Lawyers are here to help protect against unwarranted invations of your privacy as well as unauthorized postings of your name or image.
LOCAL COUNSEL REPRESENTATION
Miami Trademark Attorney Robert H. Thornburg has served as local counsel in both the Southern and Middle Districts of Florida to numerous law firms and attorneys not licensed in the state of Florida. Our trademark law firm is well versed and experienced with the intricacies of the local rules of both districts. Moreover, we have experience in hearings and motion practice before many of the judges throughout Central and South Florida.
We enjoy the opportunity to co-counsel cases with out of state practitioners. Moreover, we aren’t scared or intimidated to go to court and argue complex motions, take detailed depositions, or help organize cases for litigants outside our state.
With over twelve years of litigation experience in Florida and after handling over seventy-five (75) complex intellectual property lawsuits in both state of Federal courts, I would be happy to serve as local counsel in your intellectual property dispute.
COPYRIGHT PROTECTION SERVICES
A copyright is the set of exclusive rights granted to the author or claimant of an original work (such as a work of art), including the right to copy, distribute and adapt the work. A copyright lasts for a certain period of time, after which the work is said to enter the public domain.
Our team of copyright attorneys has training, experience and acumen to properly and appropriately prepare copyright applications and attain copyright registrations for sculptures, visual arts, film, writings and other related forms of tangible expression. We also assist software and computer developers with protecting their computer source code through copyright.
In addition to copyright registrations, we help with enforcing copyright registrations in Federal Court as well as defending claims of copyright infringement.
TECHNOLOGY LAW SERVICES
Our team of professionals have drafted, prepared and negotiated numerous technology agreements, including employment, non-compete, and independent contractor agreements. We also assist in preparing vendor agreements, service agreements, manufacturing agreements, and distribution agreements with a keen eye toward protecting, growing and monetizing your copyright and trademark rights.
Our Miami trademark attorneys also serve as outside counsel to a variety of technology companies in South Florida, helping ensure comprehensive and detailed protection of your brand, slogan, logo, creative works and ideas.
ENTERTAINMENT LAW SERVICES
Our Miami Trademark Attorneys also assist musicians, artists, film makers, actors and producers address protect cutting edge entertainment law issues. We help negotiate services agreements, prepare copyright ownership agreements, work for hire agreements and other related contracts. We even help with name changes for artists.
We have helped many artists and musicians in South Florida register their works of art, protect new ideas, and help monetize their creativity.