Trademark Licensing Done Right: Avoiding Common Pitfalls That Can Weaken Your Rights

Licensing a trademark can be a powerful way to expand your brand, generate income, and reach new markets without having to directly run every operation yourself. But if done carelessly, a trademark license can actually weaken your rights or even lead to losing them altogether.

Whether you’re licensing your brand to a partner, a franchisee, or for use on merchandise, it’s essential to understand the risks and how to avoid them.

What Is Trademark Licensing?

Trademark licensing is when you, the trademark owner (licensor), give another party (licensee) permission to use your trademark under specific conditions. The agreement typically includes details about:

• What the trademark can be used on (products, services, packaging, advertising).
  
  

• Where it can be used (geographic areas).
  
  

• How long the license lasts.
  
  

• Quality standards the licensee must follow.
  
  

Licensing can be mutually beneficial—you earn revenue or expand market reach, while the licensee gains the benefit of an established brand name.

The Biggest Risk: Losing Control of Your Trademark

The most common—and most dangerous—mistake in trademark licensing is failing to maintain control over how your brand is used. This is known as naked licensing, and it happens when the trademark owner does not enforce quality standards or monitor the licensee’s use of the mark.

If you’re not careful, courts can see naked licensing as abandoning your trademark rights. Once that happens, competitors could use your brand name, and you may have little legal recourse.

Common Trademark Licensing Pitfalls

1. Vague Agreements
   Without a detailed, written licensing agreement, you risk misunderstandings, inconsistent branding, and legal disputes.
   
   

2. Lack of Quality Control
   You must have clear quality standards and actively monitor the licensee’s products, services, and marketing to ensure they match your brand’s reputation.
   
   

3. No Regular Auditing
   Failing to periodically review the licensee’s work makes it harder to catch issues early.
   
   

4. Overly Broad Licenses
   Granting too many rights or an unlimited geographic area can make it harder to enforce your trademark in other markets.
   
   

5. Failure to Protect Against Infringement
   Your license should clearly state that the licensee must inform you of any suspected infringement and cooperate in enforcement actions.
   

How to Protect Your Trademark When Licensing

1. Draft a Comprehensive License Agreement
Include the exact terms of use, approved products/services, geographic limitations, duration, renewal terms, and termination clauses.

2. Set Quality Standards
Spell out specific product specifications, service requirements, and branding guidelines. Include the right to approve designs, marketing materials, and manufacturing processes.

3. Monitor and Enforce
Regularly inspect the licensee’s work, either directly or through third-party auditors. If they fail to meet the standards, the agreement should allow you to terminate the license.

4. Limit the Scope
Give rights only for what’s necessary. If you’re licensing your mark for one product line, make sure the agreement reflects that.

5. Maintain Active Trademark Protection
Even with a license in place, you must keep your registration current and watch for unauthorized use by others.

The Role of a Trademark Attorney

An experienced trademark attorney Orlando can help you:

• Draft strong licensing agreements.
  
  

• Set enforceable quality control measures.
  
  

• Monitor licensees for compliance.
  
  

• Take swift action if a licensee violates the terms.
  

They can also guide you in structuring the license to maximize business benefits while protecting your legal rights.

Why Licensing Done Right Strengthens Your Brand

When properly managed, licensing can:

• Increase brand recognition by putting your trademark in front of new audiences.
  
  

• Generate passive income without running every part of the business yourself.
  
  

• Build strategic partnerships with companies that complement your brand.
  

The key is to never lose sight of the fact that your trademark represents your reputation. Every licensed use should meet the same high standards you would enforce if you were delivering the product or service yourself.

Final Thoughts

Trademark licensing can be a win-win arrangement, but only if you maintain control, enforce quality standards, and have strong agreements in place. Otherwise, you risk diluting your brand—or losing your rights entirely.

By working with an experienced attorney and following best practices, you can confidently expand your brand’s reach while keeping its value and reputation intact.

Trademarks and Domain Names: How to Avoid Cybersquatting and Protect Your Web Identity

In today’s digital world, your brand’s online presence is just as important as its physical presence. Your domain name is often the first thing customers see, and it plays a major role in brand recognition and trust. But what happens when someone else registers a domain name that’s the same as—or confusingly similar to—your trademark? This practice, known as cybersquatting, can damage your reputation and cost you customers.

In this post, we’ll explain what cybersquatting is, how it affects trademark owners, and the steps you can take to protect your web identity. We’ll also cover how working with an experienced trademark attorney Orlando can help you secure and defend your rights.

What Is Cybersquatting?

Cybersquatting happens when someone registers, sells, or uses a domain name with bad intent—usually to profit from the reputation of a trademark owned by someone else. For example, if your business name is “Sunwave Apparel” and someone registers “sunwaveapparel.com” before you do, hoping to sell it back to you for a high price, that’s cybersquatting.

Sometimes cybersquatters use these domains to mislead customers, host scam websites, or divert traffic to competing businesses. In other cases, they simply hold the domain hostage until the rightful owner pays up.

Why Cybersquatting Is a Problem

Cybersquatting can cause real harm to a business, including:

• Loss of Customers – Confused visitors might end up on the wrong site.
  
  

• Damage to Reputation – Fraudulent or low-quality sites can tarnish your brand image.
  
  

• Increased Marketing Costs – You may have to spend more to drive customers to the correct site.
  
  

• Legal and Financial Stress – Resolving domain disputes can be time-consuming and costly.
  

Preventing Cybersquatting Before It Happens

The best way to fight cybersquatting is to prevent it in the first place. Here are some proactive steps:

1. Register Your Domain Early – Secure your main domain as soon as you choose your business name.
   
   

2. Buy Similar Domains – Purchase common variations, including .com, .net, .org, and even misspellings of your name.
   
   

3. Monitor New Registrations – Use domain monitoring tools to track when similar domains are registered.
   
   

4. Register Your Trademark – A registered trademark strengthens your position if you need to recover a domain.
   

How to Respond to Cybersquatting

If you discover someone is cybersquatting on your trademark, you have legal options. One of the most common is the Uniform Domain-Name Dispute-Resolution Policy (UDRP), a process that allows trademark owners to challenge and potentially recover infringing domains without going to court.

To succeed in a UDRP claim, you generally need to prove:

• The domain is identical or confusingly similar to your trademark.
  
  

• The current owner has no legitimate rights to the name.
  
  

• The domain was registered and used in bad faith.
  

In some cases, you might also pursue action under the Anti-Cybersquatting Consumer Protection Act (ACPA) in U.S. federal court, which can allow for damages.

Why Work With a Trademark Attorney

Cybersquatting cases can be complex, especially when they involve international domain registrants or unclear ownership records. A skilled trademark attorney Orlando can:

• Help you register your trademark and secure related domains.
  
  

• Monitor for potential cybersquatting activity.
  
  

• File UDRP complaints or ACPA lawsuits on your behalf.
  
  

• Negotiate with domain owners for fair settlements.
  

Final Thoughts

Your domain name is a valuable business asset—and losing control of it can cause serious harm. By securing your trademark rights, monitoring domain registrations, and acting quickly against cybersquatters, you can protect your web identity and keep your customers connected to your brand.

Trademarks and Social Media: Stopping Brand Impersonators and Protecting Your Online Reputation

Social media is one of the most powerful tools for building a brand. Platforms like Instagram, Facebook, and TikTok give businesses a way to connect directly with customers, tell their story, and strengthen their reputation. But with that visibility comes risk—especially the risk of brand impersonation.

From fake accounts using your business name to impostors running scams in your brand’s voice, trademark misuse on social media can cause real damage. In this post, we’ll cover how to spot brand impersonators, the tools social platforms provide to protect your identity, and how a trademark attorney Orlando can help safeguard your reputation.

How Brand Impersonation Happens on Social Media

Brand impersonation on social media happens when someone creates an account that looks or sounds like your business. This can include:

• Using your exact name or logo in their profile.
  
  

• Copying your bio, imagery, or tone of voice.
  
  

• Pretending to be an official page for customer service or promotions.
  
  

Sometimes impersonators aim to confuse your followers and scams that ask followers for personal information or payment. Unfortunately, even a short-lived fake account can damage your credibility, cost you customers, and weaken trust in your brand.

Why Trademark Protection Is Key

Your trademark is your legal claim to your brand name, logo, and other identifiers. When you register a trademark, you gain the exclusive right to use it in commerce—and that includes the right to stop others from using it online without permission.

On social media, having a registered trademark makes it much easier to:

• Prove your ownership of the brand.
  
  

• File complaints with platforms and have infringing accounts removed.
  
  

• Take legal action if necessary.
  
  

Without trademark protection, reporting an impersonator can be an uphill battle. Platforms often require clear proof of trademark rights before they’ll act.

Tools Social Media Platforms Offer

Most major platforms have dedicated processes for reporting trademark infringement:

• Instagram & Facebook: Meta’s Intellectual Property Reporting Form allows you to submit evidence of your trademark and request account removal.
  
  

• Twitter/X: Has an online form specifically for trademark complaints.
  
  

• TikTok: Offers a trademark infringement reporting page for businesses to submit claims.
  
  

When you file a report, be ready to provide:

1. Your trademark registration details.
   
   

2. Links to the infringing profile(s).
   
   

3. Screenshots showing how they’re using your brand.
   
   

Act quickly—fake accounts can grow followers fast and cause more harm the longer they’re active.

Preventing Brand Impersonation Before It Starts

While you can’t stop bad actors from trying to copy you, you can make it harder for them to succeed:

• Secure your handles early – Even if you’re not using a platform yet, register your business name there.
  
  

• Be consistent with branding – Use the same profile photos, bios, and links across all accounts so customers can spot fakes more easily.
  
  

• Verify your accounts – The blue checkmark or other verification badges help prove authenticity.
  
  

• Monitor regularly – Search your brand name on each platform to catch impersonators early.
  
  

What to Do If You Find a Brand Impersonator

If you discover a fake account using your trademark:

1. Document the infringement – Take screenshots of the profile, posts, and any interactions with followers.
   
   

2. Report the account to the platform – Use their official trademark complaint process.
   
   

3. Warn your audience – Make a post on your verified account telling followers about the fake profile and advising them not to interact with it.
   
   

4. Contact a trademark attorney – If the impersonator causes serious harm or refuses to stop, legal action may be necessary.
   
   

How a Trademark Attorney Can Help

An experienced trademark attorney Orlando can guide you through the process of protecting your brand on social media. They can:

• Register your trademark for maximum legal protection.
  
  

• Prepare and file infringement reports on your behalf.
  
  

• Send cease-and-desist letters to impersonators.
  
  

• Represent you in legal disputes if the issue escalates.
  
  

Having professional support not only speeds up the process but also ensures your claim is as strong as possible.

Protecting Your Brand in the Digital Age

In today’s online-first world, your brand’s reputation can be built—or destroyed—on social media. Registering your trademark, staying vigilant, and acting quickly against impersonators are essential steps to safeguarding your business.

With the right strategy and legal protections in place, you can keep control of your online identity, maintain customer trust, and focus on growing your brand—without worrying about impostors damaging your hard work.

Why Sound Marks and Color Marks Matter: The Nontraditional Trademarks That Stand Out

When people think about trademarks, they often picture a company’s name or logo. But trademarks go beyond words and images. Some of the most memorable brands in the world use sound marks and color marks to set themselves apart. These nontraditional trademarks can be powerful tools for brand recognition—and they deserve just as much protection as traditional marks.

In this post, we’ll explain what sound and color marks are, why they matter, and how businesses can protect them.

What Are Sound Marks?

A sound mark is a trademark made up of a specific sound or combination of sounds that instantly reminds consumers of a brand. Think about the three-note chime you hear when you turn on a computer from a certain tech company, or the short jingle from a fast-food chain. These sounds are just as distinctive as a company logo.

Sound marks work because they engage people in a different way. While a logo appeals to our sense of sight, a sound connects with our sense of hearing—often triggering an emotional response. This makes sound marks particularly memorable.

What Are Color Marks?

A color mark is when a specific color—or a combination of colors—is so closely linked to a brand that consumers immediately recognize it. For example, a particular shade of brown is tied to a well-known delivery service, and a bright robin’s egg blue is associated with a famous jewelry store.

To qualify for trademark protection, a color must do more than look nice. It has to identify the source of the goods or services, and it can’t be functional (meaning it doesn’t serve a practical purpose like safety or visibility).

Why Nontraditional Trademarks Matter

Sound and color marks matter because they:

1. Increase Brand Recognition – Unique sounds or colors make it easier for customers to remember and identify your brand.
   
   

2. Stand Out from Competitors – In crowded markets, nontraditional marks help businesses be memorable.
   
   

3. Strengthen Emotional Connections – Sounds and colors can evoke feelings, creating stronger customer loyalty.
   
   

4. Work Across Language Barriers – A sound or a color can communicate instantly to people around the world, regardless of language.
   
   

How to Protect a Sound or Color Mark

Registering a sound or color mark can be more challenging than registering a word or logo. Here’s how the process generally works:

1. Prove Distinctiveness

For both sound and color marks, you need to show that consumers already connect the sound or color with your brand. This is called “secondary meaning.” You can prove it through advertising, sales data, and surveys.

2. Prepare a Precise Description

For sound marks, you must submit a high-quality audio file and a detailed description of the sound.
For color marks, you need to specify the exact shade (often using a standardized color code like Pantone) and describe how it’s used.

3. File for Trademark Protection

Submit your application to the United States Patent and Trademark Office (USPTO). This process can be more complex for nontraditional marks, which is why many businesses work with a trademark attorney Orlando to make sure everything is done correctly.

4. Enforce Your Rights

Once your mark is registered, you’ll need to monitor the marketplace for unauthorized use. If someone uses a sound or color that’s confusingly similar to yours, you may need to send a cease-and-desist letter or take other legal action.

Real-World Examples

Here are a few well-known nontraditional trademarks:

• Sound Marks:
  
  

• The roaring lion heard before certain films.
  
  

• The short, four-note chime used in commercials by a major tech company.
  
  

• Color Marks:
  
  

• A specific shade of pink for insulation products.
  
  

• A deep red on the soles of high-end shoes.
  
  

These brands have invested time and money into making these marks recognizable—and protecting them legally.

Common Challenges with Nontraditional Trademarks

While powerful, sound and color marks come with challenges:

• Harder to Prove – You must show that your mark isn’t just decorative or functional—it identifies your brand.
  
  

• Risk of Generic Use – If others start using a similar sound or color, it can weaken your mark’s distinctiveness.
  
  

• Ongoing Enforcement Needed – You can’t “set it and forget it.” Constant monitoring is essential.
  
  

This is where legal guidance becomes crucial. An experienced attorney can help you collect the right evidence, navigate the USPTO process, and take action when someone infringes on your rights.

Final Thoughts

Nontraditional trademarks like sound and color marks are more than creative branding choices—they’re valuable business assets. They can boost recognition, create emotional connections, and help your brand stand out in a competitive market.

However, they also require careful legal handling to protect. If you’re considering registering a sound or color mark, or if you believe someone is infringing on yours, working with an experienced trademark attorney Orlando can help you secure and defend your brand identity for years to come.

When Should I Hire an Employment Lawyer?

Sometimes, things go wrong at work. You may be treated unfairly, hurt on the job, or not get the benefits you were promised. In these situations, it might be a good idea to talk to an employment lawyer. At Braslow Legal, we help workers understand their rights and fight back when they’re treated unfairly.

Here’s when you should think about hiring an employment lawyer—and how it can help protect you.

When Something Feels Wrong at Work

If something at work doesn’t feel right, but you’re not sure what to do, that’s a good time to talk to a lawyer. Maybe your boss is treating you unfairly, maybe you’ve been fired without reason, or maybe you’re being harassed. If you’re confused or feel stuck, you don’t have to deal with it alone.

At Braslow Legal, we offer free consultations, so you can talk to a lawyer and learn about your options without paying anything upfront. We’ll listen to what’s going on and give you honest advice about what steps to take.

When You’re Being Punished for Speaking Up

It’s illegal for your boss to punish you for reporting problems at work—like unsafe conditions, discrimination, or not being paid fairly. But some employers still do it.

This is called retaliation. It might include:

• Getting a pay cut
  
  

• Being left out of meetings
  
  

• Getting moved to a worse shift
  
  

• Being passed up for promotions
  
  

• Losing your job without a real reason
  
  

If something bad happened at work right after you spoke up, you might be facing retaliation. A lawyer can help you prove that and fight back. To learn more about these protections, you can also visit the U.S. Department of Labor’s page on whistleblower rights.

When You’re Denied Benefits You Were Promised

Sometimes employers promise things like health insurance, vacation days, or bonuses—and then don’t follow through. If those benefits were part of your job offer or contract, that’s a problem.

An employment contract is a legal agreement. If your employer breaks that agreement, you may have the right to take legal action. Braslow Legal can look at your contract and help you understand if you can file a complaint or even a lawsuit.

When You’re Hurt on the Job

Getting hurt at work can change your life. You may need medical help, time off, or even long-term care. Most workers have the right to workers’ compensation, which helps cover medical bills and lost wages. But sometimes, employers or insurance companies don’t want to pay.

Why? There are a few reasons:

• If you file a claim, your employer’s insurance rates might go up.
  
  

• Employers don’t want people to think their workplace is unsafe.
  
  

Sometimes the insurance company may try to settle your claim quickly—and offer less money than you deserve. Other times, they may say your injury was your fault and deny your claim completely.

That’s why you should never go through this process alone. An employment lawyer at Braslow Legal can make sure your rights are protected and that you get the full compensation you deserve.

When Your Workers’ Comp Claim Is Denied

If you were seriously injured, like losing a limb or being unable to return to work, the insurance company may try even harder to avoid paying. They might say:

• You didn’t follow safety rules
  
  

• You waited too long to report the injury
  
  

• You caused the accident yourself
  
  

These reasons may not be true. But without a lawyer, it’s hard to fight back. At Braslow Legal, we will investigate your injury, look at your employer’s safety practices, and gather the evidence needed to prove your case.

In some cases, your injury might be caused by a machine or tool that didn’t work right. If that’s true, we might be able to hold the manufacturer responsible, too—not just your employer. These are complicated cases, but we’re here to handle them for you.

Why It’s Important to Get Help

If you’re dealing with job problems, legal paperwork, or a serious injury, it’s easy to feel overwhelmed. Many people don’t know all the rights they have—or how much compensation they might deserve. Insurance companies and employers may try to take advantage of that.

But you don’t have to go through it alone. At Braslow Legal, we’ll listen to your story, explain your rights in plain language, and help you decide what to do next.

Ready to Talk?

If you think you might need an employment or trademark attorney in Orlando, reach out to Braslow today for a free consultation. Whether you’ve been hurt, treated unfairly, or denied what you’re owed, we’re here to help.

You deserve to be treated with respect at work. We’re ready to fight for you.

Should I Have a Lawyer Look Over My Employment Contract?

Starting a new job is an exciting time in your career. But before you begin, you’ll likely be asked to sign an employment contract. This document might seem simple, but it can also be long and full of complicated legal language. It’s important to understand what you’re agreeing to before you sign anything.

Even if the contract seems easy to understand, it’s always a good idea to have a lawyer look over it. A lawyer from Braslow Legal can help explain the terms and, if needed, help you negotiate a better deal. This way, you’ll be sure you’re making the right choice for your future.

What Should You Look for in Your Employment Contract?

When you’re about to sign a contract, it can be confusing to know where to start. Having a lawyer from Braslow Legal by your side can help make sure you understand everything in the document. Here are a few things to pay attention to:

1. Job Description

It’s important to know exactly what your job will involve. Some job descriptions are vague, but you should have a clear idea of what your role will be. A lawyer can help you understand if the job description is too broad or unclear, and make sure you know exactly what’s expected of you.

2. Terms of Employment

This section includes important information like your start date, the type of employment (full-time, part-time, etc.), how you can leave the job, and how any disputes will be handled. If these terms are confusing or if you don’t understand something, a lawyer can explain them to you.

3. Restrictive Clauses

Some companies include restrictions in their contracts to protect their business. These restrictions might include non-compete clauses, which prevent you from working for a competitor after you leave, or confidentiality clauses, which stop you from sharing certain business secrets. These can limit your options after you leave the company, so it’s important to know what they mean. Braslow Legal can help you understand if these clauses are fair and how they might affect you in the future.

4. Compensation

The contract should clearly explain how much you’ll be paid, when you’ll be paid, and if there are any bonuses or benefits. It’s important to know exactly what you’ll be earning and whether there are any additional benefits, like health insurance or retirement plans. If there’s anything that’s unclear or seems unfair, Braslow Legal can help you sort it out.

Should You Negotiate Your Contract?

If there’s something in the contract that doesn’t seem right to you, you may want to negotiate with your employer. How you handle the negotiation will depend on your relationship with your employer and the type of job you’re getting. But if there’s anything that could affect your future negatively, it’s always worth bringing it up and asking for changes.

Having a lawyer helps with negotiations, as they can guide you on how to approach these conversations. They can also help you make sure the final contract is fair.

Why You Should Hire a Lawyer for Your Employment Contract

Some people might feel nervous about hiring a lawyer to look over their contract. They might worry that it will make them seem difficult or aggressive. However, in many cases, employers expect potential employees to consult with a lawyer before signing. A lawyer is there to protect you and help make sure you understand your rights.

At Braslow Legal, we have experience helping people review and negotiate their employment contracts. We’ll look over everything to make sure the terms are fair and clear. We’ll make sure you’re not agreeing to anything that could hurt you in the future.

Work with a Lawyer You Can Trust

Before you sign your employment contract, contact Braslow Legal. We can explain any confusing legal terms and make sure the agreement is in your best interest. Starting a new job is a big decision, and you want to make sure you’re making the right choice. A lawyer will help you avoid any problems later on.

By getting legal advice before signing, you’ll have peace of mind knowing that the contract is fair and that you fully understand what you’re agreeing to. If you’re in need of an employment or trademark attorney in Orlando, reach out to Braslow today.

Are You an Employee or an Independent Contractor? Why It Matters

Some people work jobs where they’re called independent contractors instead of employees. Maybe they don’t get paid time off or benefits. Maybe they get a 1099 tax form instead of a W-2. But here’s the thing—just because your boss says you’re a contractor doesn’t mean the law agrees.

In Florida, the law has a special test to help decide if you’re really a contractor or if you should be treated like an employee. This is very important because employees have more legal rights and protections than contractors.

At Braslow Legal, we help workers understand what their job classification really means—and what to do if it’s wrong.

What’s the Difference Between an Employee and a Contractor?

Let’s break it down:

Employees usually:

• Work for one company
  
  

• Follow a schedule set by their boss
  
  

• Use the company’s tools or equipment
  
  

• Get paid time off and other benefits
  
  

• Are protected by state and federal labor laws
  
  

Independent contractors usually:

• Work for themselves or many clients
  
  

• Set their own hours
  
  

• Use their own tools or workspace
  
  

• Don’t get benefits like sick leave or health insurance
  
  

• Have fewer legal protections
  
  

Employers sometimes call people “contractors” to avoid following labor laws. That’s illegal if the person is really working like an employee.

The  ABC Test: A Simple Way to Tell

There’s a test called the ABC test. If all three parts of this test are met, you can be called an independent contractor. If not, you are legally an employee—even if your boss says otherwise.

A – Are You Free from Control?

You must be able to decide how you do your work without being closely supervised.

B – Is Your Work Different from the Company’s Main Business?

Your job must be outside the main work of the company. For example, if a bakery hires a plumber to fix a sink, that plumber is likely a contractor. But someone baking cookies in the kitchen? That’s core to the business—they’re an employee.

C – Do You Have Your Own Business?

You must regularly do this kind of work for other clients or run your own business. If you only work for one company, you may not meet this part of the test.

If the company fails even one part of the ABC test, you should be classified as an employee.

Why Classification Matters

Being called an independent contractor when you're really an employee can cost you money and protection. Here are just a few things employees in Florida are legally entitled to:

• Paychecks every two weeks
  
  

• Sick time that builds up over time
  
  

• Paystubs showing what you earned and what was taken out
  
  

• Unemployment benefits if you lose your job
  
  

• Triple pay if your boss doesn’t pay you on time
  
  

• Legal protection if you speak up about unfair treatment
  
  

Independent contractors usually don’t get any of these benefits. They also don’t have strong protection from things like discrimination or being fired unfairly.

Examples to Help You Understand

Here are two real-life examples from Florida:

• A newspaper delivery driver who drops off papers to customers is doing the newspaper’s usual work. They’re an employee, not a contractor.
  
  

• A taxi driver who owns their own car and chooses their own hours is doing their own business. They’re more likely a true independent contractor.
  
  

The key is to look at the full picture—how the work is done, who’s in control, and whether the work is part of the company’s normal business.

What About Federal Law?

Federal law also looks at whether a person is an employee or contractor, but the rules are a bit different. The U.S. Department of Labor checks the full working relationship—not just one test. You can learn more about that here.

Even though federal law matters, Florida law is stronger for protecting workers. So if you live and work in Florida, the ABC test is what counts most.

What Can You Do If You’ve Been Misclassified?

If you think you’re being treated like a contractor but you’re really an employee under the law, you can take action. You may be able to:

• Get back pay you missed
  
  

• Recover sick time or other benefits
  
  

• Ask for triple damages for missed or late wages
  
  

At Braslow Legal, we help workers figure out if they’ve been misclassified and help them take legal steps to fix it.

Final Thoughts

Your employer doesn’t get to decide if you’re a contractor or an employee—the law does. And if your boss got it wrong, you might be missing out on money and rights you deserve.

If you’re looking for an employment or trademark attorney in Orlando, Contact Braslow Legal today. We can help you understand your rights and fight for what you’re owed.

8 Reasons the NDA You Signed Might Not Be Enforceable

8 Reasons the NDA You Signed Might Not Be Enforceable

If you’ve ever started a new job, you might have been asked to sign a non-disclosure agreement (NDA). This is a legal document that says you won’t share the company’s private information with others. Companies use NDAs to protect things like customer lists, business plans, and special ideas or products.

But here’s the thing—just because you signed an NDA doesn’t always mean it’s legal or fair. Some NDAs can’t be used in court because they break certain rules.

If you’re worried about an NDA you signed, here are 8 reasons why it might not be enforceable (which means it wouldn’t hold up in court).

1. The NDA Is Too Broad

If the NDA is written in a way that’s too general or tries to stop you from talking about almost anything, it may not be valid. For example, if it says you can’t talk about anything from your job, even things that aren’t really secret, a court might not agree with it.

NDAs should only protect real business secrets—not everyday job tasks or common information.

2. The NDA Lasts Too Long

Most NDAs have a time limit—like 1 to 3 years. If the NDA lasts forever, or for way too long, that could be unfair. Courts may not allow a company to stop you from talking about something for the rest of your life.

The length of the agreement should match how long the information actually needs to be kept private.

3. It’s Being Used to Hide Something Illegal

An NDA should not be used to cover up bad behavior. If the NDA tries to stop you from reporting something illegal, like sexual harassment or discrimination, it may be against the law.

There are even laws that protect people from being silenced. For example, the Speak Out Act says that people can’t be forced to keep quiet about sexual misconduct through NDAs. If your NDA tries to do this, it likely won’t hold up in court.

4. You Already Knew the Information

If you already knew something before signing the NDA, it can’t stop you from talking about it. NDAs are meant to protect new, private information that you learned at work—not stuff you already had access to.

If your old job is trying to hold you to an NDA for something you knew before you even started, it may not be valid.

5. You Didn’t Agree Freely

Both you and the company have to agree to the NDA willingly. If you were forced, tricked, or didn’t understand what you were signing, it might not count.

For example, if your boss told you to sign it without explaining anything or giving you time to read it, that could be a problem.

6. It Doesn’t Explain What’s Confidential

A good NDA should tell you exactly what you’re not allowed to share. If the agreement is too vague or doesn’t make sense, it’s hard to follow—and hard to enforce.

If you can’t tell what’s private and what’s not, it’s unfair to expect you to follow the rules.

7. The Employer Didn’t Keep Things Secret

If your employer didn’t treat the information like a secret, they may not be able to use the NDA against you. For example, if everyone at work could see the private files or if they shared the same information with customers or online, it’s not really “confidential.”

In other words, they can’t expect you to keep a secret they didn’t protect themselves.

8. It Tries to Stop You From Using Your Skills

An NDA shouldn’t stop you from using basic skills or general knowledge you’ve learned on the job. For example, if you learned how to use a certain computer program, you should still be able to use that skill at your next job.

NDAs can protect trade secrets, but they can’t take away your right to use your own experience.

What Should You Do?

If your old boss or company is trying to use an NDA to stop you from working, speaking up, or moving forward in your career, you don’t have to face it alone. Braslow Legal helps people like you understand NDAs and fight back when those agreements are being used unfairly.

If you’re looking for a trademark attorney in Orlando, we recommend reaching out to Braslow today.

Final Thoughts

NDAs are supposed to protect real secrets—not scare people into silence. If you’re being treated unfairly because of an NDA, it’s important to know your rights and get help.

Braslow Legal is here to stand by your side. Don’t let an unfair NDA hold you back.

What Is a Trademark Attorney?

When starting a new business, creating a product line, or launching a brand, protecting your intellectual property should be high on your priority list. One of the most important assets a business can own is a trademark—your brand name, logo, slogan, or other unique identifiers that set you apart from competitors. But when it comes to registering and protecting these assets, many entrepreneurs find themselves wondering: What exactly is a trademark attorney, and do I need one?

Let’s break it down.

Understanding the Role of a Trademark Attorney

A trademark attorney is a licensed legal professional who specializes in trademark law—a branch of intellectual property law. Their primary job is to help individuals and businesses secure and protect their trademarks through proper registration, legal strategy, and enforcement.

This area of law is more nuanced than it might appear. While the idea of registering a brand name or logo sounds simple, the process involves strict rules, deadlines, and legal considerations that can be difficult to navigate without professional guidance.

What Does a Trademark Attorney Do?

A trademark attorney can assist with every stage of the trademark process—from the initial idea to long-term brand protection. Here’s how they typically help:

1. Trademark Search and Clearance

Before filing for a trademark, it’s critical to make sure the mark isn’t already in use or too similar to another existing trademark. A trademark attorney conducts a comprehensive search and provides legal insight into whether your mark is likely to be approved or if it could face opposition or legal conflict.

2. Trademark Application Preparation

Filing a trademark application with the United States Patent and Trademark Office (USPTO) involves more than just filling out a form. Attorneys know how to properly describe your goods or services, choose the right international classification codes, and ensure all information is accurate to avoid delays or rejections.

3. Responding to Office Actions

If the USPTO has concerns about your application—such as potential confusion with another mark—they’ll issue an “office action.” This requires a legal response, and a trademark attorney is well-equipped to draft the arguments and amendments necessary to move the application forward.

4. Trademark Monitoring and Enforcement

After your trademark is registered, your attorney can help you monitor for potential infringement and take action if someone else tries to use a similar mark. This may include sending cease-and-desist letters or pursuing legal remedies through litigation.

5. Trademark Portfolio Management

For businesses with multiple products, logos, or brand elements, a trademark attorney can help build and manage a portfolio of trademarks to ensure comprehensive protection of all assets.

Why Hire a Trademark Attorney?

While individuals and U.S.-based businesses can file a trademark application on their own, doing so without legal help carries significant risk. Common issues include:

• Choosing a mark that’s too similar to an existing one
  
  

• Misclassifying goods or services
  
  

• Failing to respond properly to office actions
  
  

• Losing rights due to improper maintenance or enforcement
  
  

In contrast, working with a trademark attorney helps ensure the process is done correctly and efficiently—saving you time, money, and legal headaches down the road.

Do You Need One?

If you’re serious about building a strong brand, a trademark attorney is one of the most valuable professionals you can have on your team. Whether you’re registering your first trademark or managing a growing brand portfolio, their expertise can provide critical protection and peace of mind.

In fact, if you’re located outside the United States and want to file a trademark with the USPTO, hiring a U.S.-licensed trademark attorney is a legal requirement.

When to Contact a Trademark Attorney

You don’t have to wait until you’re ready to file a trademark application to consult with an attorney. In fact, the earlier you bring in legal counsel, the better. An attorney can help you:

• Choose a legally strong and unique brand name
  
  

• Avoid common trademark pitfalls
  
  

• Save time and money with a strategic filing plan
  
  

• Ensure your brand is protected as your business grows
  
  

If you're based in Florida or doing business there, working with a local expert can make communication and ongoing strategy much easier. If you're looking for an experienced trademark attorney in Orlando, Braslow Legal offers professional guidance tailored to your brand’s needs.

Final Thoughts

A trademark is more than just a logo or name—it’s a representation of your brand’s reputation, trustworthiness, and identity. Protecting it requires more than good intentions. A trademark attorney brings the legal insight, strategic planning, and long-term support necessary to ensure your brand is fully protected in a competitive market.

Whether you’re a startup founder, a product developer, or a growing business owner, having a trademark attorney by your side is a smart investment in your future success.

What Does a Trademark Attorney Do?

You’ve built a brand. You’ve designed a logo, named your business, and maybe even launched a product or service. But now comes the critical part: protecting it. That’s where a trademark attorney comes in.

If you’re wondering what does a trademark attorney do, you’re not alone. Many business owners know they need to protect their brand, but they’re not entirely sure how an attorney fits into that process—or why hiring one might be a smart move.

Here’s what trademark attorneys actually do and how they can help safeguard your brand and business.

The Core Role of a Trademark Attorney

A trademark attorney is a legal professional who specializes in trademark law—a key area of intellectual property (IP) law. Their primary role is to help individuals and businesses protect the names, logos, slogans, and other brand identifiers that distinguish their goods or services from others in the marketplace.

Their work isn’t just about filing paperwork. It’s about building a legal foundation for your brand and ensuring it’s protected from infringement, misuse, or future disputes.

Here’s What a Trademark Attorney Actually Does:

1. Trademark Search & Clearance

Before you even apply for a trademark, your attorney will conduct a thorough search of the USPTO (United States Patent and Trademark Office) database—and often beyond—to check for existing trademarks that may conflict with yours.

This isn’t just a courtesy—it’s crucial. A conflicting trademark could lead to your application being rejected or even a lawsuit if you unknowingly infringe on someone else’s mark.

2. Legal Advice on Trademark Strength

Not all trademarks are created equal. A trademark attorney can evaluate your proposed name, logo, or slogan and advise you on how distinctive—and protectable—it is. Generic or descriptive marks are harder to protect. An experienced attorney can help you choose a mark that stands the best chance of registration and legal protection.

3. Preparing and Filing Your Trademark Application

Filing a trademark involves more than submitting a form. You need to describe your goods or services precisely, choose the correct classification(s), and submit a proper specimen if required. Your attorney handles all of this to ensure your application meets the USPTO’s strict requirements.

4. Responding to Office Actions

If the USPTO identifies problems with your application—like a likelihood of confusion with an existing mark or technical errors—they’ll issue what’s called an office action. A trademark attorney knows how to craft a compelling legal response that can keep your application alive and moving forward.

5. Trademark Monitoring and Enforcement

Once your trademark is registered, it’s up to you to protect it from infringement. Many attorneys offer monitoring services to watch for similar marks being filed. If someone uses a confusingly similar brand, your attorney can send cease-and-desist letters, file oppositions, or even initiate litigation if necessary.

6. Trademark Renewals and Maintenance

Trademarks need to be maintained over time. A trademark attorney can help you track deadlines for renewals, filings of continued use, and compliance with USPTO requirements to keep your trademark active.

7. International Trademark Protection

If you’re doing business globally, your attorney can help you file trademarks in other countries or through international systems like the Madrid Protocol. Each country has its own laws and timelines, and a skilled attorney can help you navigate them.

Do You Really Need a Trademark Attorney?

If you're in the U.S., you can file a trademark on your own. But just because it’s possible doesn’t mean it’s advisable. Trademark law is nuanced, and small errors can lead to big problems—delays, rejections, or even the loss of your brand’s legal protection.

A trademark attorney doesn’t just file paperwork—they provide strategy, foresight, and protection. If you value your brand (and you should), hiring a professional can save you time, money, and stress down the line.

Looking for a Trademark Attorney in Orlando?

If you’re ready to protect your brand and want expert guidance from a local professional, working with a trusted trademark attorney in Orlando is a great place to start. Braslow Legal provides strategic, reliable legal services for individuals, entrepreneurs, and growing businesses seeking to protect their trademarks and intellectual property.

From first-time filings to managing an entire portfolio, their team offers the experience and personal attention needed to secure your brand with confidence.

Final Thoughts

So, what does a trademark attorney do? In short: they protect what makes your business unique. From choosing the right name to defending your rights in court if necessary, a trademark attorney is your brand’s legal guardian.

If your business relies on its name, logo, or identity to attract and retain customers, protecting those assets isn’t optional—it’s essential. Partnering with a skilled trademark attorney ensures you’re not just building a brand, but building one that lasts.