Trademarks

Trademarks (also known as the variants “service marks” and “trade dress”) all refer to the names, logos, designs, product configuration and non-traditional identifiers such as sounds, color or smell, that are used to identify the source and quality of your goods and services to the consumer. Hence, a trademark is often referred to as a source indicator used to distinguish the goods/services of one from that of another. Trademarks are critical because consumers use them to identify the source of a particular good or service, and, associate the goodwill and reputation of that source with that good or service. Trademarks can become very valuable over time, often exceeding the value of the physical assets of a business.

Espinosa Trueba Martinez PL is dedicated to helping you identify, register and protect your trademarks domestically and abroad. Our firm does not see a trademark project in isolation. We believe that to be successful in building a trademark portfolio you must plan ahead and anticipate where you will be in the future both in terms of geography and market share. We help you plan and schedule the growth of your portfolio to meet your business goals.

In registering your trademarks, ET Law believes that the process should be straightforward and transparent. For domestic registrations we charge a flat fee for most services. For foreign registrations, we rely on tried and tested foreign counsel who have proven their reliability and responsiveness over time. Their ability to properly advise on local rules, regional preferences and language sensitivities is critical in our selection.

Although we strive to avoid litigation for our clients, sometimes litigation or arbitration is unavoidable in preventing an infringement or defending a claim. In addition to the federal and state courts in South Florida, the attorneys at ET Law have defended and prosecuted intellectual property cases throughout the United States including the Federal District Courts for the Middle District of Florida, Eastern and Southern Districts of New York, Central and Northern Districts of California, District of Arizona, Northern District of Alabama, Eastern and Northern Districts of Texas, Southern District of Ohio, District of Puerto Rico, and Central District of Illinois. Similarly, we represent clients seeking to arbitrate in the U.S., including cases involving foreign disputes which would otherwise require litigation in less favorable foreign jurisdictions. Our attorneys are aggressive, imaginative and use all available resources to put our client in the best position to either resolve the case through settlement or win the case at trial.

One of the ways in which ET Law seeks to avoid litigation is by carefully drafting its domestic and international license agreements for our clients. Often times, carefully thinking through the relationship intended by the parties can help in crafting an agreement which prevents litigation, and, if litigation is triggered, protects our client. Always sensitive to the jurisdiction where the license or agreement is to be applied or enforced, we are familiar with foreign recordation requirements necessary to protect our client’s rights. Furthermore, we are familiar with collateral devices which can be used to enhance such rights such as the use of multiple intellectual property rights in combination, sanitary certificates and customs recordations.

FAQ - Trademarks