How to File a Trademark Application in Florida
A trademark is an important form of intellectual property (IP) protection. If you are considering protecting your brand, a formal trademark application may be the right option. At Perkins Law — Brand Protection, we have extensive experience helping businesses and entrepreneurs prepare and file trademark applications. Here, our Florida trademark registration attorney provides a step-by-step overview of how to file a trademark application.
Step #1: Determine What Type of Trademark Protection to Seek
You need to choose the right path to file for trademark protection. A Florida trademark registration protects a mark within the State of Florida. It can be useful for a local business that sells goods or services only in Florida and wants a public record of ownership under Chapter 495, Florida Statutes. A federal trademark registration through the United States Patent and Trademark Office (USPTO) provides broader protection for marks used in interstate commerce.
Note: Many businesses in South Florida can benefit from federal trademark registration. Federal registration provides useful protections for companies that sell online, serve customers in multiple states, advertise across state lines, or plan to expand in the future.
Step #2: Confirm That the Mark is Eligible for Trademark Protection
As explained by the USPTO, There are specific criteria that a “mark” must satisfy in order to be eligible for trademark protection. Not every business name, logo, slogan, or product name qualifies for trademark protection. Among other things, a protectable mark must identify the source of goods or services and distinguish them from competitors. Strong marks tend to be fanciful, arbitrary, or suggestive. Weak marks tend to be merely descriptive. Generic terms cannot function as trademarks at all.
Registration Tip: Eligibility also requires conflict review. A business owner should search more than Florida corporate records or fictitious name filings. An experienced Florida trademark lawyer can help you clear a trademark.
Step #3: You Must Identify the Owner and Goods/Services
A trademark application must identify the correct legal owner. The owner may be an individual, corporation, LLC, partnership, or other entity. Ownership mistakes can create serious problems, especially if a founder files personally when the business entity actually owns and uses the mark.
Step #4: File the Application and Respond to Any Office Action
A Florida trademark application is filed with the Florida Department of State, Division of Corporations. Among other things, it requires the completed application, required specimens, a notarized signature from the proper parties, and filing fee. A federal application is filed electronically with the USPTO and must include the mark, owner information, filing basis, goods or services, class information, and specimen if the application is based on current use. After filing, the reviewing office may approve the application, request clarification, or refuse registration. A refusal does not always end the process. Many issues can be addressed through legal argument, amended descriptions, substitute specimens, disclaimers, or other corrections.
Get Help From Our Florida Trademark Application Lawyer Today
At Perkins Law — Brand Protection, our Florida trademark lawyer invests time, resources, and attention to detail into each and every case that we take on. If you need help with a trademark application, we are here as a resource. Contact us now to arrange your completely confidential consultation. Our firm provides trademark law services throughout South Florida.
Source:
uspto.gov/trademarks/apply/base-application-requirements
