Understanding how to file for and enforce a trademark can be crucial to defending your clients goods and services against unlawful copies.
Many are familiar with the term trademark but have trouble distinguishing trademarks from the other forms of intellectual property such as copyrights and patents. This topic will explain the key differences among intellectual property and help you understand what constitutes a protectible trademark. This material will also explain the federal registration process within the USPTO, including how to respond to office actions.
The topic will also discuss post-registration steps, like policing and enforcing a trademark, as well as determining whether there is any infringing use. The material will also provide a general overview of trademark litigation, including establishing the elements for a cause of action under the Lanham Act and defenses in response to an infringement claim.
Agenda
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What Is a Trademark? |
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- Trademark vs. Copyright vs. Patent
- What Can Be Trademarked?
- Word Mark vs. Design Mark vs. Word Plus Design Marks
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Obtaining a Trademark |
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- Federal vs. State Rights
- Conducting a Trademark Search
- Federal Registration 101
- Filing the Application
- Office Actions
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Enforcing Your Trademark |
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- Renewals
- Policing Your Mark
- Cease and Desist Letters
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Trademark Infringement and Litigation |
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- Common Law Infringement
- The Lanham Act
- Likelihood of Confusion
- Defenses
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Questions and Answers |
Giselle M. Girones
Shullman Fugate PLLC
- Associate attorney at Shullman Fugate PLLC, with offices in West Palm Beach, Tampa and Jacksonville, Florida
- Practice emphasizes all aspects of intellectual property, content, and business litigation; specifically, handling content gathering and publication advice, as well as prosecuting actions for access to government information and defending content providers in complex defamation, privacy, and other publication-related claims
- J.D. degree, cum laude, Stetson University College of Law; B.A. degree, cum laude, Florida State University
- Can be contacted at 904-551-1496 or ggirones@shullmanfugate.com
Allison S. Lovelady
Shullman Fugate PLLC
- Partner at Shullman Fugate PLLC, with offices in West Palm Beach, Tampa and Jacksonville, Florida
- Practice emphasizes all aspects of copyright, trademark, content, and defamation matters
- Conducts webinars and authored articles on copyright, trademark and court records and media access issues
- Serves as Copyright chair of the ABA IP-Section CLE Board, and is involved in the Florida Bar Media & Communications Committee, Entertainment & Arts Section and local bar associations
- J.D. degree, with honors, Nova Southeastern University; B.A. degree, cum laude, University of Florida
- Can be contacted at 561-614-2592 or alovelady@shullmanfugate.com
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