Trademark Law

Protecting Company Names and Brand Identities

Request a detailed trademark information packet outlining the steps involved in obtaining trademark protection for a new company or product name or brand identity, an estimate of the associated legal fees and costs involved, and a statement of our qualifications and experience in trademark matters.

Inexperienced entrepreneurs often overlook the importance of properly securing rights to their business and product names until it is too late. Sometimes this is due to the overwhelming demands on an entrepreneur’s time during the frenzied pace of the start-up phase of their businesses. Unfortunately, mistakes at these early stages of choosing and protecting names can end up being very costly.

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A Trademark is a Valuable Asset

Trademark law provides the exclusive right to use a mark that serves to distinguish the goods of one person from another. A trademark typically includes a word, phrase, logo, design or even a combination of these. It is used to identify the source of a particular product. A service mark is similar to a trademark except that it is used to identify the source of services. Consumers identify trademarks with a particular quality of goods or services. Trademarks are valuable assets of a business and continuously increase in value as the products or services they represent gain brand recognition and consumer loyalty.

Before launching a new business, product, service, or patented invention in the marketplace, it is important to undertake a comprehensive trademark search and obtain a clearance for your mark. It is not uncommon for a company to invest a considerable sum of time and money promoting a new product or business only to have their marketing efforts made useless because their mark was already in use by another company.

Trademark law protects both trademark owners and consumers. It protects trademark owners by preventing competitors from using a trademark to which they have no rights and to which they are owed no good will. Consumer goodwill is earned by a business over a period of time and trademark law recognizes that it is unfair for a competitor to take advantage of this goodwill without permission. Trademark law is also concerned with protecting the source and quality expectations of consumers. By preventing anyone other than the trademark owner from using the mark as a source identifier, the law protects consumers from deception. Not only can a trademark owner prevent someone from using its exact mark, but marks that are “confusingly similar” to a trademark can also be enjoined.

Unlike rights in a patent or a copyright, a company’s rights in a trademark can last indefinitely as long as the mark is still in use and the registration is renewed regularly.

Trade Names

Contrary to popular myth, a registered trade name is NOT a registered trademark. This is often an area of confusion among entrepreneurs. Registration of a trade name with the Secretary of State does not mean that the trade name is not infringing on another trademark. A trademark clearance search should be conducted to ensure that a trade name is not infringing the rights of others. To obtain nationwide trademark protection, the mark should also be registered with the U.S. Patent and Trademark Office in Washington.

Trademark Protection for Domain Names

The interaction between trademarks and domain names has created a minefield of potential dangers to businesses. Without proper trademark protection, a company’s reputation and goodwill can be “kidnapped” by cybersquatters. A cybersquatter is an individual or business that registers a domain name on the web with the intention of ransoming it for sale. A company with proper trademark protection is protected from cybersquatters. Obtaining a trademark on your company’s name or products helps provide quick and effective recourse to your marks in the event that someone tries to hold your company or product name hostage or unfairly benefit from the goodwill that you have generated. A trademark not only prevents others from using an exact duplicate of your registered mark, but also prevents the use of confusingly similar marks.

Selecting a Trademark

It is important to select a mark that can be registered as a Federal Trademark prior to introducing the business or product name into the marketplace. Businesses should be very careful in selecting a mark so that they retain the ability to obtain registration and prevent others from using their business, service, or product names.
A mark can be classified into one of four categories as being either generic, descriptive, suggestive, or arbitrary. It is important to look at these categories in more detail.

Generic Marks

Trademark rights cannot exist in marks that are considered generic. A generic term is the common ordinary name of a good or service and can never be a trademark. Examples of generic terms include “corn flakes”, “automobile” and “basketball”.

Descriptive Marks

Descriptive marks describe some aspect of the product or service with which the mark is used. Descriptive marks are usually not very good choices for your mark. Trademark protection is only extended to descriptive marks where they have attained a secondary meaning. Secondary meaning is attained when a mark has been used for so long or so exclusively that they do not convey simply their literal meaning in the public mind, but are instantly associated with one source.

Suggestive Marks

Unlike descriptive marks, suggestive marks merely suggest or hint at some quality, aspect, or component of the goods or services with which they are used. A suggestive mark is stronger than a descriptive mark because it does not require the showing of a secondary meaning.

Fanciful or Arbitrary Marks

Fanciful or Arbitrary marks are the most distinctive of all marks and receive the strongest level of protection. Such marks are typically unknown before they become associated with a product. A well-known example of an arbitrary mark is the mark KODAK ® for photographic supplies.

Trademark Searches

A trademark search should be conducted on all state and federal registered trademarks as well as pending trademarks. Depending upon the results of the search, it may be advisable to seek federal registration for your mark. Federal registration provides constructive notice to all potential users of similar marks whether they are aware of your mark. Additionally, a federally registered mark enjoys the presumption that the owner of the mark is the registrant and that the owner is entitled to use of the mark nationwide.

Request a detailed trademark information packet outlining the steps involved in obtaining trademark protection for a new company or product name or brand identity, an estimate of the associated legal fees and costs involved, and a statement of our qualifications and experience in trademark matters.
At John Rizvi, P. A — The Idea Attorneys ®., we concentrate our practice on protecting ideas and identities and are knowledgeable and experienced in practicing before the United States Patent and Trademark Office. If you would like to speak with an attorney about your particular situation, please do not hesitate to call our office.

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Under Florida law, only lawyers that have been Board Certified as experts are legally permitted to identify themselves as specialists or experts in an area of law. Board Certification was established to assist consumers in selecting specialists in various areas of law.

Trademark Your Brand

Your brand is your identity. If, your brand is not protected someone else could claim rights to it. Take action and get a trademark now.

Welcome to John Rizvi, P.A.

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John Rizvi P.A. is located at:
10394 W. Sample Rd. Suite 201 , Coral Springs
FL - 33065, United States

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The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


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Unless otherwise stated, John Rizvi, P.A. and/or it’s licensors own the intellectual property rights for all material on John Rizvi, P.A.. All intellectual property rights are reserved. You may view and/or print pages from for your own personal use subject to restrictions set in these terms and conditions.

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We will approve link requests from these organizations if we determine that:

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  • (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link:

  • (a) is not in any way misleading;
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  • (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
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  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of John Rizvi, P.A.’s logo or other artwork will be allowed for linking absent a trademark license agreement.


Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.


To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury resulting from negligence;
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Limit any of our or your liabilities in any way that is not permitted under applicable law; or
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The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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