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Florida Intellectual Property Attorney > Florida Trademark Registration Lawyer

Florida Trademark Registration Lawyer

Trademark & Copyright Lawyer Serving Clients in South Florida and throughout the US

When you have a small business or operate a company that specializes in distinct products and services, it is important to learn more about trademarks and the process for registering a trademark. In general, you have the option of registering a trademark in Florida under state law (Chapter 495 of the Florida Statutes) or federally with the U.S. Patent and Trademark Office (USPTO).

While you are not required to register a trademark in order to run your business, registering a trademark can be extremely beneficial for protecting your business interests. A Florida trademark registration lawyer can assist you.

Where Should I Register My Trademark?

Once you know for certain that you want to register a trademark, you will have to decide whether to register your trademark at the state or federal level. In general, federal trademark law preempts Florida state trademark law. Accordingly, it is less expensive and easier to register a trademark in Florida than to register it with the USPTO.

Registering a trademark with the USPTO is more complicated and expensive than registering a trademark in Florida, but you get more protection by registering with the USPTO.

Learning More About the Trademark Registration Process Under Florida State Law

To register a trademark in Florida, you will need to fill out the required application information and pay a fee per class to the Florida Department of State. In your application, you will need to provide some of the following information:

  • Applicant details, including your full name, business address, information about whether you are applying for the trademark as an individual or as a business entity, your domicile state, Florida registration number, and Federal Employer identification number if applying as a business entity (such as a corporation, a limited partnership, or a general partnership).
  • List of the goods or products that the trademark is being used in connection with;
  • Explanation of how the mark is applied to the goods or products;
  • Date the trademark was first used anywhere, as well as the date the trademark was first used in Florida;
  • Description of the trademark; and
  • Request for trademark search (or evidence of a trademark search) to show that the mark is not already in use.

In addition, you must submit “specimens,” or samples that show how the trademark is used. For a trademark, the specimens must be affixed to the goods or products. Examples of specimens include:

  • Labels;
  • Decals;
  • Tags;
  • Wrappers;
  • Boxes; and
  • Containers.

If you are registering both a trademark and a service mark, you will need to submit samples of each.

Trademark Registration Process with the USPTO

If you register your trademark in Florida, your trademark is only protected in Florida. However, if you register with the USPTO, your trademark will be protected across the country.

Much of the same information that is required to register your trademark in Florida is required to register the trademark with the USPTO, but the process is more complicated. The process of filing an application with the USPTO is also known as trademark prosecution. If you are unsure whether to register your trademark in Florida or with the USPTO, you should get in touch with a Florida trademark & copyright lawyer for more information.

Contact a Florida Trademark & Copyright Registration Lawyer

If you have questions about registering a trademark and need assistance, an experienced Florida trademark & copyright attorney can assist you. We regularly provide clients with help handling trademark registration matters under Florida state law and with the USPTO. Contact Perkins Law today for more information about how we can serve your business needs.

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