Promoting a unique product or business often involves having a known and protected trademark. In Florida, trademark protection is available under both state and federal law. While both types of registrations offer owners protection, some unique benefits come with registering at the state level. Therefore, if you are registering for your Florida business, you will want to know: Why should I register my trademark in Florida?
What is a Trademark?
A trademark is a word, symbol, image, or phrase that others can identify as being connected to a business. There are several famous trademarks in today’s market. For instance, popular companies like Apple, McDonald’s, and Nike have trademarked images and words.
What Does a Trademark Do?
Today, having a recognizable brand is an important part of promoting and selling a product or service. Trademark registration grants intellectual property rights that can help businesses protect their logos, images, names, and other identifying features.
What is the Difference Between a Florida and Federal Trademark Registration?
Trademark protection is available under both federal and state law. One of the main differences between a federal and a Florida registration is their coverage areas. A federal trademark is protected in interstate commerce. By contrast, a Florida trademark covers the state of Florida only. The two types of registrations also have different renewal requirements. Additionally, Florida trademarks are registered with the Florida Department of State. A federal registration would be completed with the United States Patent and Trademark Office.
In some cases, it may be beneficial for a business to register in Florida. Here is more on why you may want to register your trademark in Florida:
Easier and Less Expensive to Obtain
Generally speaking, Florida trademarks are easier to obtain than federal trademarks. They are also less expensive. Further, the federal process can take over a year to complete. By contrast, a Florida registration may be available in a matter of weeks.
Remedies
Florida trademark owners also have a right to sue for infringement under state law. An aggrieved party may also have the option of suing in federal court. However, state court remedies may differ from those available under federal law. Additionally, depending on the facts of your case, it may be less expensive and time-consuming to file suit in a state rather than a federal court.
Location
If you are operating a Florida business, you have a vested interest in protecting your brand identity and image within the state. Your Florida trademark can help you be identifiable to your customer base and distinguish your product, goods, or services from similar Florida companies. In addition, a Florida registration can help protect you where you conduct your operations.
As a Florida business owner, it’s essential that you protect your brand. A trademark can be a valuable asset for a growing company or business. You have worked hard to establish your reputation and name— Your Florida trademark can help you protect what you have built. If you have questions regarding your company’s registration, you should consult with an experienced Florida business attorney.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent small business clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.