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.

Questions to Ask a Trademark Attorney

Hiring a trademark attorney is a smart move when you’re ready to protect your brand name, logo, slogan, or product line. But before you dive into working with just any lawyer, it’s important to know the right questions to ask. Choosing a trademark attorney is more than just finding someone who can file paperwork—you want a partner who understands your business goals and can protect your brand for the long haul.

Whether you're meeting in person or having a virtual consultation, asking the right questions can help you find an attorney who’s a good fit. Here’s a list of key questions to ask a trademark attorney before you get started.

1. Do You Specialize in Trademark Law?

Not all attorneys are trademark attorneys. Make sure you're speaking with someone who has real experience in this area of law. Trademark law is highly specific, and working with a general business or contract attorney could lead to costly mistakes.

Follow-up:

• How many trademark applications have you filed?
  
  

• Do you regularly deal with the USPTO?
  
  

2. What Is Your Trademark Search Process Like?

Before filing an application, a comprehensive trademark search is essential. This search goes beyond a quick look on Google—it should include the USPTO database and potentially even common-law trademarks (those not formally registered but still protected under the law).

Ask the attorney:

• What databases do you search?
  
  

• Will you give me a written opinion on the likelihood of my trademark being approved?
  
  

3. What’s Included in Your Trademark Filing Fee?

Trademark attorneys often offer flat-fee packages, but not all packages include the same services. Some might only cover the application itself, while others include the search, monitoring, and responses to office actions.

Clarify:

• What does your fee include?
  
  

• Are government filing fees included or separate?
  
  

• Will I have to pay extra if we receive an office action?
  
  

4. How Do You Handle Office Actions or Refusals?

Office actions are responses from the USPTO when there’s a problem with your application. These could be minor (like needing clarification) or more serious (like a likelihood of confusion with another mark). It’s important to know how the attorney will help if that happens.

Ask:

• Have you responded to office actions before?
  
  

• Is that service included in your flat fee, or is it billed separately?
  
  

5. What Happens After My Trademark Is Registered?

Filing and registration are just the beginning. Once your trademark is approved, it’s up to you to maintain and enforce it. Your attorney should help with these post-registration tasks.

Ask:

• Do you offer monitoring services to watch for infringement?
  
  

• Will you help me enforce my trademark if someone uses it without permission?
  
  

• Do you help with renewals?
  
  

6. How Long Will the Process Take?

The trademark process isn’t instant—it often takes 8 to 12 months from application to registration. An experienced attorney can explain what to expect and keep things moving smoothly.

Follow-up Questions:

• How long does it usually take for your clients to get their trademarks?
  
  

• Will you keep me updated throughout the process?
  
  

7. Can You Help with International Trademarks?

If you plan to do business outside the U.S., ask whether the attorney can help file trademarks internationally. This involves different legal systems and may require coordination with foreign counsel.

Ask:

• Do you assist with international trademark filings?
  
  

• Can you explain how the Madrid Protocol works?
  
  

8. Can You Share Testimonials or Case Studies?

A reputable trademark attorney should be able to share client success stories or offer references. This can give you insight into their experience, professionalism, and communication style.

9. What’s Your Communication Style?

Clear and timely communication is key. You want an attorney who will keep you in the loop and answer your questions without delays.

Ask:

• How do you prefer to communicate—email, phone, virtual meetings?
  
  

• How quickly do you usually respond to client questions?
  
  

10. Are You the Person Who Will Be Handling My Case?

In some firms, the person you consult with isn’t the one who ends up handling your case. Clarify this early so you know who to expect updates from.

Looking for a Trademark Attorney in Orlando?

If you're ready to protect your brand and want trusted legal guidance, consider working with an experienced trademark attorney in Orlando. Braslow Legal helps businesses navigate the trademark process from start to finish—with clear communication, upfront pricing, and the personalized service you deserve.

Final Thoughts

Choosing a trademark attorney is an important decision, and asking the right questions can help ensure you find someone who understands your business, communicates clearly, and knows how to protect your brand. Whether you're filing your first trademark or building a growing portfolio, a knowledgeable attorney can be a valuable partner every step of the way.

How Much Is a Trademark Attorney?

If you're launching a business, product, or brand, securing your trademark is a smart step to protect your identity in the marketplace. While it’s possible to file a trademark on your own, many entrepreneurs and business owners choose to work with a trademark attorney for peace of mind and stronger legal protection.

Naturally, one of the most common questions people ask is: How much does a trademark attorney cost? The answer depends on several factors, including the complexity of your application, the scope of services you need, and the attorney's experience.

Let’s explore what goes into the cost of hiring a trademark attorney—and why it’s often worth the investment.

The Basics of Trademark Attorney Fees

Trademark attorneys typically charge in one of three ways:

1. Flat Fees
   
   

2. Hourly Rates
   
   

3. Retainers (for ongoing work)
   
   

For most standard trademark applications, many attorneys offer flat-fee packages that cover the core services involved in filing. This gives clients clarity and predictability, which is especially helpful for startups and small businesses working with tight budgets.

Typical Flat-Fee Trademark Services

Here’s a general idea of what flat-fee trademark services might include:

• Comprehensive trademark search: $300 – $600
  This includes a deep search of the USPTO database and other public records to identify any potentially conflicting marks.
  
  

• Trademark application preparation and filing: $500 – $1,500
  This covers drafting and submitting the application with the correct classifications and legal language, ensuring it's properly filed with the USPTO.
  
  

• Responding to office actions (if needed): $200 – $1,000+
  If the USPTO raises any issues, such as a likelihood of confusion or a technical mistake, the attorney can draft a legal response on your behalf. Some firms bundle this into their original fee, while others charge separately.
  
  

In total, you might expect to pay anywhere from $1,000 to $2,500 for complete trademark services, not including the USPTO’s government filing fee (which typically ranges from $250 to $350 per class of goods or services).

Hourly Rates for Trademark Attorneys

In some cases—especially with complex trademark issues, international filings, or disputes—attorneys may bill by the hour. Rates vary based on location and experience but generally fall in the range of:

• $200 to $500 per hour
  
  

This may apply if you’re seeking legal advice on enforcement, opposition proceedings, or infringement matters rather than just filing a new application.

Why Costs Can Vary

The cost of hiring a trademark attorney isn’t one-size-fits-all. Here are a few factors that can influence pricing:

• The uniqueness of your trademark: Common or descriptive trademarks may face more obstacles, requiring more legal work.
  
  

• Number of trademark classes: The more categories of goods/services you want to protect, the more time and filing fees are involved.
  
  

• Previous filings or office actions: If you're hiring an attorney to fix a previously rejected or poorly filed application, additional work is needed.
  
  

• Attorney experience and location: A seasoned trademark attorney in a major metro area may charge more than someone newer to the field or based in a smaller town.
  
  

Is a Trademark Attorney Worth the Cost?

It’s understandable to want to keep costs down when starting a business. But filing a trademark incorrectly can end up costing you much more in the long run. If your application is denied due to an avoidable error, you may lose your filing fee, waste valuable time, and risk your brand being vulnerable to infringement.

A qualified trademark attorney helps you:

• Avoid conflicts with existing marks
  
  

• File your application correctly the first time
  
  

• Respond effectively to USPTO office actions
  
  

• Enforce your rights if someone tries to use your brand
  
  

In many cases, the cost of a trademark attorney is a small price to pay for long-term brand protection.

Looking for a Trademark Attorney in Orlando?

If you're searching for an experienced trademark attorney in Orlando, Braslow Legal offers clear, affordable pricing and personalized service. Whether you’re just starting your brand or managing a growing trademark portfolio, our team can help you protect what matters most with confidence.

Final Thoughts

So, how much is a trademark attorney? While the cost can range from a few hundred to a few thousand dollars, the value they bring to the table—legal strategy, peace of mind, and protection from future problems—often far outweighs the upfront expense.

If your brand is important to your business (and it almost always is), working with a trademark attorney isn’t just a cost—it’s an investment in your future success.

Understanding Sports Gambling Laws

What is Sports Gambling?

Sports gambling, also known as sports betting, involves predicting the outcome of sporting events and placing wagers on those predictions. The industry has seen rapid expansion, particularly with the rise of online platforms, making it easier for bettors to participate across multiple jurisdictions.

However, sports gambling is subject to strict legal regulations that vary by state. Understanding these laws is essential for both individual bettors and businesses operating in the gaming industry.

The Legal Landscape of Sports Betting in New Jersey and Florida

Sports betting laws differ across the U.S., with each state setting its own regulations. Braslow Legal operates in New Jersey and Florida, two states with distinct approaches to sports gambling:

• New Jersey – A leader in legalized sports betting, New Jersey has allowed online and in-person wagering since 2018. The state hosts numerous licensed sportsbooks, making it one of the most competitive sports betting markets in the country.

• Florida – As of December 2023, online sports betting is legal in Florida exclusively through the Seminole Tribe’s Hard Rock Bet app, following a series of legal challenges. Florida’s sports betting market remains limited compared to New Jersey but continues to evolve.

Understanding the legality of online sports betting in your state is crucial before placing any wagers.

Key Considerations for Sports Betting Participants

For individuals and businesses involved in sports gambling, there are several important legal and strategic factors to consider:

• State Regulations – Each state has different licensing requirements and restrictions on sports betting. Bettors and businesses must comply with their respective state's laws to avoid legal issues.

• Tax Implications – Winnings from sports betting are considered taxable income. Proper reporting and compliance with IRS regulations are necessary to avoid penalties.

• Consumer Protections – Licensed sportsbooks must adhere to responsible gaming practices, including deposit limits and self-exclusion programs to protect consumers.

• Emerging Trends – The sports betting industry is constantly evolving, with new laws, technologies, and market expansions. Staying informed about these developments is crucial for both bettors and operators.

Why You Need a Sports Gambling Attorney

Sports betting regulations are complex and frequently changing. Whether you are an individual bettor, a gaming business, or a sports betting operator, having an experienced sports gambling attorney is essential for compliance and risk management.

At Braslow Legal, we specialize in sports gambling and gaming law, providing comprehensive legal services, including:

• Compliance with state and federal gambling laws

• Licensing and regulatory approvals for gaming businesses

• Defense against gaming-related legal disputes

• Contract negotiation for gaming operators and partnerships

With licenses to practice in New Jersey and Florida, our firm offers tailored legal solutions to help clients navigate the intricacies of gaming law and ensure full compliance with all applicable regulations.

Contact Braslow Legal for SKILLED Gambling Law Counsel

If you are involved in the gaming industry or need legal guidance regarding sports betting regulations in New Jersey or Florida, Braslow Legal is here to assist. Our attorneys have the experience and knowledge to help you stay compliant and protect your interests in this evolving legal landscape.

Contact us today to schedule a consultation with a sports gambling attorney and ensure your legal compliance in the gaming industry.

Disclaimer: This blog post provides general legal information and should not be considered legal advice. Laws and regulations are subject to change. Please consult a qualified attorney for specific legal guidance.

Do You Need an Attorney to File a Trademark?

If you’re looking to protect your brand, securing a trademark is one of the most effective ways to establish ownership of your business name, logo, or slogan. But as you begin the process, you might wonder: Do you need an attorney to file a trademark? While you are not legally required to hire an attorney to file a trademark with the United States Patent and Trademark Office (USPTO), working with a professional can significantly improve your chances of a successful registration and long-term brand protection.

Understanding the Trademark Process

A trademark is a unique symbol, phrase, or design that distinguishes your goods or services from competitors. Registering a trademark with the USPTO grants you exclusive rights to use that mark in commerce and helps prevent others from infringing on your brand identity.

The application process involves several steps:

1. Conducting a Trademark Search – Before filing, it’s essential to ensure your desired trademark isn’t already in use. A comprehensive search helps you avoid conflicts and potential legal disputes.

2. Filing the Application – You’ll need to submit detailed information about your trademark, including its design, usage, and classification.

3. Responding to Office Actions – The USPTO may issue an Office Action if there are concerns about your application, requiring a legal response.

4. Maintaining Your Trademark – After registration, you must periodically renew and monitor your trademark to maintain its legal protection.

While these steps might seem straightforward, many business owners face unexpected challenges that can delay or jeopardize their trademark application. This is where hiring an attorney can make a big difference.

The Benefits of Hiring a Trademark Attorney

Even though you can file a trademark application on your own, hiring an experienced attorney offers several advantages that can save you time, money, and potential legal headaches.

1. Comprehensive Trademark Search

A skilled attorney will conduct an in-depth search to ensure your desired trademark is unique and unlikely to be challenged. DIY searches often miss similar marks that could lead to rejections or legal conflicts down the road.

2. Avoiding Costly Mistakes

Filing a trademark application involves complex legal language and strict requirements. Mistakes in classification, description, or documentation can lead to refusals or unnecessary delays. An attorney ensures your application is accurate and complete.

3. Handling USPTO Office Actions

If the USPTO identifies issues with your application, they will issue an Office Action, which requires a response. Trademark attorneys understand how to craft persuasive legal arguments to overcome refusals and secure your registration.

4. Protecting Your Trademark Rights

Once your trademark is registered, enforcement becomes crucial. An attorney can help you monitor for potential infringements, send cease-and-desist letters, and take legal action if necessary to protect your brand.

5. International Trademark Protection

If you plan to expand your business globally, trademark laws vary by country. A trademark attorney can guide you through international trademark applications, ensuring your brand is protected beyond U.S. borders.

When Is Hiring a Trademark Attorney Required?

While it’s generally optional for U.S. applicants, hiring an attorney is mandatory for foreign-domiciled individuals or businesses seeking a U.S. trademark. The USPTO requires non-U.S. applicants to work with a licensed U.S. attorney for trademark filings, responses, and legal proceedings.

Additionally, if you face opposition from another company or need to defend your trademark in court, having an attorney is crucial to navigating these legal battles effectively.

Can You File a Trademark on Your Own?

Yes, the USPTO allows individuals and businesses to file trademarks without an attorney. Many entrepreneurs and small business owners opt for a DIY approach using the USPTO’s online application system. While this can work for simple filings, it carries significant risks, especially if:

• Your trademark is similar to an existing mark.

• You’re unsure which classification best fits your product or service.

• Your application is rejected or faces legal opposition.

Even minor errors can lead to refusals, requiring costly re-filings or legal proceedings to correct mistakes. Investing in professional assistance upfront can prevent these complications.

How to Choose the Right Trademark Attorney

If you decide to hire a trademark attorney, look for someone with:

• Experience in intellectual property law and trademark filings.

• A successful track record of securing trademarks for clients.

• Knowledge of your specific industry or business sector.

• Clear communication and transparent pricing.

An experienced trademark attorney in Orlando can provide personalized guidance and legal expertise to ensure your trademark is properly registered and protected.

Final Thoughts

While you are not legally required to hire an attorney to file a trademark, doing so can greatly increase your chances of a smooth and successful registration process. Trademark law is complex, and mistakes can be costly. Whether you’re launching a new brand or protecting an established business, a skilled trademark attorney can help safeguard your intellectual property and ensure long-term brand security.

If you’re considering filing a trademark, consulting with a professional can provide peace of mind and help you avoid potential legal pitfalls.

Copyrights: A Brief Overview

What is Copyright?

Copyright is a type of protection provided to authors of intellectual property such as movies, art, literary, and musical creations. A copyright acknowledges that a person is the originator of a work and gives them full discretion to allow or deny someone the use of their work. In the event a person or company uses the intellectual property without permission, a copyright can be helpful in pursuing legal action against the infringer.   

What is not Protected by Copyright?

While the term “intellectual property” may seem broad, the U.S. Copyright Office is very clear that the following are not protected by copyright: 

• Ideas, procedures, methods, systems, processes, concepts, principles or discoveries; 

• Works that are not in tangible form {i.e. a poem you recite to yourself but do not put on paper, or a play you produce but do not record); 

• Titles, names, short phrases and slogans; 

• Familiar symbols and designs; or

• A list of ingredients or contents, or slight variations of typographical lettering or coloring. 

Why Should I Copyright my Work?

In the United States, it is not required to file a copyright registration for an original work – technically, the minute an original work is created, copyright exists. However, there are several business law benefits to the author if he/she chooses to file a copyright; some include:

• The right to reproduce the work, whether in print or audio/visual records.

• Create imitations of the original work. 

• Distribute copies of the work by offering it for free to the public, selling it, renting or leasing it, and lending it. 

• Perform or display the work publicly without needing to obtain permission from an original author. 

• Transfer ownership of copyrighted material to another person or enterprise. 

The Copyright Application Process

The process to file a copyright registration can be confusing, and if not done correctly, expensive. There are several factors to consider when registering a copyright, and each factor will have different requirements. Our intellectual property attorneys begin by determining whether or not your work is unpublished or published – that is, whether or not your work is ready for commercial distribution. From there, the application process will vary depending on the type of work you wish to copyright. Some applications can be filed electronically, while others must be completed on paper and mailed to the U.S. Copyright Office. Regardless of the work type, all applications are accompanied by a registration fee and must include a quality deposit of the work itself. For example, if you wish to copyright a film you produced, then you will need to deposit a quality copy of the film. If you wish to copyright a series of poems you wrote, then you will need to deposit a quality copy of the poems. The average waiting period for a copyright application to proceed to registration is 5-7 months, so it is important to properly complete the application and submit adequate deposits of your work. 

Why Should I Hire an Intellectual Property Attorney?

Filing a copyright application may seem like a daunting task. How do you know which application to file? Can you file online or do you have to mail a paper application? Which deposit formats will the Copyright Office accept? What do you do if your application is rejected? Our intellectual property attorneys have the experience and knowledge in business law necessary to assist you in the application process and get your work the protection it needs and deserves.  

Trademarks: A Brief Overview

What is a Trademark?

A trademark identifies intellectual property belonging to a person or company and provides them with exclusive rights to that work. A trademark is typically a symbol, design, word, or phrase (or a combination of these things), that differentiates one good from another. A trademark sets your business apart from other companies that might offer the same or similar goods, and can help you protect your brand if another person or company attempts to use your intellectual property without your permission. A trademark attorney can help protect your intellectual property by helping to secure a trademark on your work.

Can I Trademark Anything?

In short, the answer is no. First, let’s cover what you cannot trademark:

• Generic terms and/or phrases

• Government symbols or insignia 

• Proper names or likeness without obtaining consent from that person

• Vulgar and/or disparaging words or symbols 

• Immoral, scandalous, or deceptive words or symbols

Next, let’s cover a few important factors to consider when fabricating a trademark:

• The mark is unlikely to be confused with other, existing marks

• The mark is not similar to other, existing marks 

• The mark is not relative to other, existing marks

• The mark is strong and easily distinguishable to consumers 

You might be wondering how to ensure your desired trademark meets all of these requirements, and that is why it is important to hire an experienced intellectual property and trademark attorney to assist you with the trademark application process.  

The Trademark Application Process

Filing a trademark application can be a long and complicated process if you fail to prepare accordingly. Typically, our intellectual property attorneys begin by requesting a Trademark Research Report; this report analyzes thousands of existing trademarks for those that are similar, nearly identical, or identical to your desired mark. Once we receive the report, we review it for marks that may prevent you from filing a trademark application, or those we think might raise a red flag with the United States Patent and Trademark Office (USPTO). While this report is not a mandatory requirement in the application process, it can save our clients time and money in the long run by highlighting issues with their desired mark that would prevent or make it challenging for the mark to proceed to registration. It is important to note that when applying for a trademark, there is no “pre-approval” process – once the application is submitted, a client will not find out whether or not it has been accepted for several months. After our trademark attorneys review the report and advise the client of any potential issues, and if the situation warrants, the trademark application is filed with the USPTO. It typically takes several months for the application to process through the USPTO’s database due to the high volume of trademarks filed in the United States. Ideally, the application is accepted and the trademark proceeds to registration. However, there are occasions where an examining trademark attorney might find a correctable issue with the mark or the application itself, and they will send correspondence saying as much - this is known as an Office Action. Typically, these issues can be addressed in a response to the Office Action and the mark can then potentially proceed to registration thereafter depending on the issue raised in the Office Action.  

Why should I hire an Intellectual Property Attorney? 

As you can see above, the process to file a trademark application can be somewhat complicated. Even if your trademark application were to proceed to registration without issue, there are still various forms and fees that the USPTO requires you to file every so often in order to keep your trademark registration alive, such as trademark renewals. Our intellectual property attorneys routinely assist clients with trademark applications and the miscellaneous forms and fees required to maintain trademark registration.