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Protecting Your Rights Personalized and Knowledgeable Legal Representation

Making a name for yourself in your chosen market

How you brand and market your business heavily influences its success. Your efforts to make your business known often begin with the choice of its name. With so many other businesses out there offering the same type of service or products as you, finding a way to stand out could present a challenge. 

You need to find a name that makes your business stand out among the others while not making the name too similar to that of another company. You must also make sure that the name does not infringe upon another company's trademark rights. In your efforts to find the right balance, there are some things you should and shouldn't do.

Do these things

Taking the following actions could help ensure your rights are protected and that you don't infringe upon those of someone else:

  • Conduct a trademark search.
  • Watch for similar names that could cause confusion.
  • Watch for matching names that could cause confusion.
  • Register your trademark.
  • Use your trademark exactly as registered.
  • Watch for infringement of your trademark.
  • Contact companies potentially infringing on your trademark.
  • Request such companies stop infringing on you trademark.

If another company fails to honor your cease and desist request, you may need to take further action, including litigation in order to protect your rights.

Don't do these things

Taking any of the following actions could jeopardize your rights or cause you to infringe on those of another company:

  • Failing to conduct a thorough search
  • Failing to register your trademark
  • Failing to respond to respond to objections to your application
  • Failing to confront companies potentially infringing on your trademark
  • Failing to respond to companies accusing you of infringement
  • Failing to consider all repercussions of making a name change

In many instances, it might be necessary to contact an attorney for help in the application process. An attorney can also assist with confronting anyone infringing on your trademark or defending you against others accusing you of infringing on their trademarks.

The legal processes

Once you make a choice regarding the name of your business, it may be beneficial to gain a thorough understanding of the particulars of searches, the registration process and the process of protecting your rights. A Florida business law attorney could provide invaluable assistance in these endeavors. You have worked hard to start your business and will work hard to make it a success, which includes protecting the name of your business.

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Fein Law, LLC
633 S. Andrews Avenue, Suite 200
Fort Lauderdale, FL 33301

Phone: 954-526-9664
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315 S.E. 7th Street, Suite 301 Fort Lauderdale, FL 33301
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