Boca Raton Trademark Litigation Lawyer
At Perkins Law, our Boca Raton trademark litigation lawyer and her team are ready to represent you in court and vigorously pursue or defend your rights regarding your trademark. You worked hard to establish a brand that is distinctive and valuable; protecting that brand against infringers and counterfeiters is critical to your continued success. Perkins Law offers strategic advice and effective representation when it comes to matters of trademark protection and enforcement. Call our office for immediate assistance with trademark litigation in Boca Raton, throughout Florida, and nationwide.
USPTO Enforcement Actions Versus Courtroom Litigation
Registered trademarks need to be vigilantly and vigorously enforced, but not every trademark dispute should cause a trademark holder to run to the courthouse and file a lawsuit. Many matters can be resolved outside of court through negotiation, mediation or arbitration. Additionally, inter partes proceedings and enforcement actions before the USPTO can be a viable and preferred alternative to courtroom litigation.
When another party is potentially infringing on a trademark, several questions are typically asked before pursuing litigation or enforcement action. These questions include: What is the strength of the mark? What is its scope? Is an enforcement action likely to be efficacious? What are the consequences of inaction? Is enforcement required to preserve intellectual property rights?
With over 25 years of litigation experience in the field of intellectual property, Boca Raton trademark litigation attorney L.A. Perkins knows what questions to ask and how to proceed in any trademark dispute. Perkins Law provides capable and efficient representation in any trademark litigation proceeding or enforcement action, including any of the following:
Inter partes proceedings
An alternative to litigation before the USPTO, inter partes proceedings are often the appropriate step to take against another trademark registration or pending application that could damage your mark. An inter partes proceeding may be a cost-effective alternative to a lawsuit involving opposition, cancellation, interference or concurrent use proceedings.
If another party is attempting to register a trademark you believe would infringe on your mark, an opposition proceeding sometimes provides a better alternative to litigation in court. This proceeding takes place before an administrative tribunal of the USPTO, the Trademark Trial and Appeal Board. Here the Board can decide whether or not the applicant has the right to register their mark or not. By intervening at this stage, you can stop an infringement before it starts, providing the utmost protection for your brand from dilution or confusion among your customer base.
Even a duly registered trademark can be attacked and canceled by the Board in a trademark cancelation proceeding. If you become aware of a trademark that is damaging or potentially damaging to your registered mark due to a likelihood of dilution through blurring or tarnishment, a cancellation proceeding could be the most efficacious way to protect your brand. If you find yourself on either end of a cancellation proceeding in Florida, call Perkins Law in Boca Raton for practical advice and professional assistance.
Concurrent use proceedings
If it comes to your attention that another party in a different geographic area is using the same mark as you (or if the issue comes to their attention first), a concurrent use proceeding at the USPTO might be appropriate. There, the Trademark Trial and Appeal Board can determine whether to allow each user to register or maintain a trademark registration in their respective regions, assuming a low likelihood of confusion would exist from the concurrent use.
Trademark interference proceedings
Similar to concurrent use, a trademark interference proceeding before the Board may be appropriate when multiple parties have submitted conflicting applications for trademark registration, or where an application might conflict with an existing registration.
Strategic and Effective Trademark Litigation and Dispute Resolution in Boca Raton
Trademark litigation and enforcement actions may be necessary to protect intellectual property rights and the value of a brand, from avoiding confusion in the current marketplace to expansion into new markets. If you need to take steps to enforce your brand or find yourself accused of infringing on another party’s registered trademark, our Boca Raton trademark litigation attorney can help you devise and implement an appropriate strategy to protect your rights and meet your goals. Contact Perkins Law for help with enforcement actions in Boca Raton, throughout Florida, and nationwide.