Florida Trademark Registration or Federal Registration?
Many businesses register at both levels, and each one is a separate application. The two differ in reach and in upkeep.
Rights also begin before any filing. You become a trademark owner by using your mark, but the USPTO explains that those rights are limited to the geographic area where you provide your goods or services. If you plan to sell beyond one region, or online, federal registration deserves a close look.
Why Run a Clearance Search Before You File?
A clearance search checks whether your mark is too close to one already registered or in use. A knock-out search of the federal trademark records for an identical or very similar mark is a common first step. We recommend doing this before you invest in signs, packaging or a website, because a conflict found after launch is far more expensive than one found before it.
Our attorneys can run the searches and tell you what the results mean for your desired mark. The USPTO refuses marks that are generic or functional, or that are too similar to a mark someone else already claims for related goods or services. Florida law has its own bars, including a mark that is merely descriptive of your goods or services unless it has become distinctive.
What Is a Priority Date and Why File Early?
Your priority date is generally the day you file. Under federal law, once a mark registers, the filing of the application counts as constructive use of the mark and gives you nationwide priority over later users, with exceptions for people who were already using the mark or had already filed. Our federal trademark and service mark attorneys prepare federal applications and assist with any appeal of a denial. In practice, the sooner your application is on file, the better your position against anyone who files for a similar mark after you.
If the examining attorney issues an office action, the USPTO requires a response within three months of the issue date, so an application that is complete the first time helps you avoid missed deadlines.
What Cannot Be Trademarked?
A mark cannot register if it is immoral, deceptive or scandalous. The same federal statute bars the flag or coat of arms of the United States or of any state, and the name or portrait of a living individual without written consent. We review your brand name, logo and slogan against these limits before you file.
Trademark Services We Offer in Florida
Beyond searches and filings, we help with the later stages of owning a mark.
- Trademark assignments: selling or buying a mark. Florida law makes a mark assignable with the goodwill of the business, and the assignment must be in writing.
Licensing and Protecting Your Mark
If you want another business to use your mark on agreed terms, we can prepare license agreements. If another business is using a name or logo that confuses your customers, our attorneys can also discuss whether you can assert your rights.
Naming a business or launching a product? A short conversation with a Florida trademark attorney will tell you what it takes to register and protect your mark. The first consultation is free.