In the globalized and competitive business world, where access to information and new technologies is available immediately, certain risks are involved when establishing a new business or brand, without the appropriate legal advice. A business lawyer in Miami is the right person to guide and support this process.
There are many mistakes we can make when establishing ourselves as entrepreneurs. There can be ignorance of certain issues and lack of support from business law professionals. These are two of the most common situations in this regard.
For example, some entrepreneurs, when establishing their company, confuse the registration of their company with the registration of their brand. Registration of a company does not guarantee obtaining the exclusive rights of intangible assets, such as names, symbols, words or related phrases, as well as the guarantee that all intellectual creations belong to you.
It is important to have a business lawyer to help you with everything pertaining to these topics and similar issues. Here in Markowicz International Law we’ll address the most common concerns about trademark registration, covering everything from the time the process takes to the importance of trademark renewal, all within the seven most frequently asked questions from clients in Miami.
What does it mean to register a brand?
A brand consists of all the visual aspects of a particular product or service, which helps differentiate it from its competitors. In this sense, registering a brand leads to its exclusivity in the market, establishing a barrier to similar products or services from competitors trying to copy the characteristics or in some cases, plagiarize that visual identity.
There are several examples of situations where the products and services of brands that were not registered by their creators ended up in the hands of others, forcing those creators to change their name and concept.
Do you have a name for your brand?
When starting a new project, it is advisable to carry out extensive research on existing brands that might be similar to the concept you want to implement. It is likely the name of your concept might already exist or has certain similar features to another brand. A business lawyer will therefore accompany you through the process of registering a trademark, as well as everything related to licenses and copyright.
Should I register my brand only in the country of origin?
No. Each country has different legal regulations, so it is advisable to work with a business lawyer, at the time of registering your trademark, to begin the registration process in other countries, where your brand might hypothetically be available.
In most cases, owners of brands consider internationalization once they have developed their local market. At that point there is a risk of being imitated by similar businesses around the world, and losing a place in potential markets. This might necessitate changing the brand name in those specific places. This has happened with large global brands. Their names had to vary depending on the countries in which they were located.
What is the difference between a registered and an unregistered trademark?
A registered trademark is one that has been officially registered with the trademark office of the relevant country and, therefore, enjoys legal protection. This means that the trademark owner has exclusive rights over its use in connection with the goods or services for which it was registered. On the other hand, an unregistered trademark does not have such protection, which implies that anyone could use a similar name or symbol without legal consequences. The lack of registration can make it challenging to defend rights over the trademark in the case of infringement.
How long does the trademark registration process take?
The time it takes to complete the trademark registration process can vary depending on the country and the workload of the corresponding trademark office. Generally, the process can take between 6 months and 1 year. This timeframe includes initial review, potential third-party oppositions, and the publication of the application. It’s important to note that any objections or additional requirements may extend the process.
What should I do if someone infringes on my registered trademark?
If someone infringes on your registered trademark, the first step is to gather evidence of the infringement, such as photographs, documents, and witness statements. Then, you can try to resolve the issue by sending a cease-and-desist letter, requesting that the other party stop using your trademark. If this does not work, you may consider legal actions, such as filing a lawsuit for trademark infringement. It’s advisable to seek guidance from an intellectual property attorney to help you through the process.
Do I need to renew my trademark registration?
Yes, trademark registration is not indefinite and must be renewed periodically. In most countries, the initial registration lasts for 10 years, after which it must be renewed to maintain protection. It is crucial to keep track of renewal deadlines, as failure to renew on time may result in the loss of trademark rights. In some cases, it may also be necessary to demonstrate continuous use of the trademark in commerce to maintain its registration.
Do you want to register your brand? Avoid being a victim of plagiarism
A business lawyer has the knowledge and necessary tools to guide you when establishing or registering your brand. In this sense, there are many challenges that an entrepreneur might face, which may be prevented with the support and advice of a business lawyer. A lawyer will achieve, with great efficiency and responsibility, the management for the correct registration of your brand, so that you can ensure the exclusivity of your creations.