Trademark Attorney in Florida

If you are choosing a name or logo for a Florida business, a trademark registration attorney can check whether it is available and help you file in the right place. Legal Counsel, P.A. helps Florida businesses register and protect their brands at the state and federal level.

TRADEMARKS

Orlando service marks Lawyer Michele Diglio

How a Trademark Registration Attorney Helps Florida Businesses

A trademark is any word, phrase, symbol or design that identifies your goods or services, and a service mark does the same job for services. Your name, your tagline and your logo can each be a mark. A trademark attorney in Florida helps you decide which of them are worth protecting, whether they are available, and where to file.

At Legal Counsel, P.A., our attorneys research your brand name or logo, prepare your trademark filing at the state or federal level, and assist if an application is denied. We also help with trademark assignments and licensing. You are not required to hire an attorney to file with the federal trademark office if you live in the United States, so the real question is whether the help is worth it. The USPTO names conducting your clearance search before you file among the benefits of hiring an attorney.

Our experience comes from decades of representation of Florida businesses, and we serve clients statewide from offices in Winter Garden, Orlando and Pinellas County.

Have questions? We have answers. Call Legal Counsel, P.A. at 407-982-4321 for a free consultation about your trademark.

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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.

Florida registration. Under Chapter 495 of the Florida Statutes, the filing fee is $87.50 per class of goods or services. A Florida registration lasts five years and can be renewed within six months before it expires. It protects your mark in Florida, and a Florida trademark and service mark application is one we can prepare for you. If you are looking for a Florida trademark registration attorney, we can also advise on whether to file at both levels.
Federal registration. A federal application is filed with the USPTO and is the way to secure nationwide rights. A federal registration stays in force for 10 years, but the owner must file maintenance affidavits in the year before the sixth anniversary of registration and again in the year before the tenth.

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.

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Frequently Asked Questions About Trademarks in Florida

How much does it cost to get a trademark in Florida?

The state filing fee is $87.50 per class of goods or services. Federal fees are set separately by the USPTO, and attorney fees are in addition to government fees, which is why the total cost of a filing with a lawyer is higher than the filing fee alone.

Should I hire a lawyer to file a trademark?

You are not required to if you live in the United States, but a lawyer can run the clearance search, prepare an accurate application and respond to USPTO correspondence. Hiring one makes the most sense when the brand matters to your business or the search turns up similar marks.

Can I register my domain name as a trademark?

Registering a domain name does not give you trademark rights. The USPTO says registering a domain name with a registrar creates no trademark rights, although a domain name used prominently apart from the web address may qualify as a trademark.

Can I use the TM or the registered trademark symbol?

You can use TM for goods or SM for services even if you have not filed an application. The USPTO says to use the registration symbol only after your trademark is registered, and only for the goods or services listed in the federal registration.

Can someone use my logo if it is not trademarked?

Not necessarily. Florida law preserves rights in marks acquired in good faith at common law, and using your mark creates some rights even without registration. Those rights are narrower and harder to prove than rights backed by a registration.

What are the requirements to get a federal trademark?

You file an application with a verified statement that you believe you own the mark and that it is in use in commerce. The application must also include a specimen showing the mark as used and a drawing of the mark, and the mark must clear the bars described above.

Talk to a Florida Trademark Attorney

If you are naming a business, launching a product or have received a letter about your brand, call Legal Counsel, P.A. at (407) 982-4321 or use our contact form to discuss your trademark.

The content on this website is for general informational purposes only and is not legal advice. Reading this site or contacting us through it does not create an attorney-client relationship.

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Legal Counsel P.A. is a Florida-based law firm providing legal services to both individuals and businesses throughout the State of Florida. Have questions? We have answers. Contact Legal Counsel, P.A. today at (407) 982-4321.