Why and how to trademark your business logo in Florida
Marketing and advertising are a critical part of the success of any business. The unique logo or trade name that a business uses is integral to those efforts. Given the time and money that a business puts into developing and promoting its logo it is wise to protect that with a trademark.
The benefits of trademarking your business logo
Trademarking in Florida is a simple process by which your business can take advantage of the protections provided under Florida law. A trademark communicates that your logo is registered and protected. Trademarks are regulated in Florida by Chapter 495 of the Florida Statutes.
Does a trademark prevent copying my name or logo
Contrary to popular belief a trademark does not prevent another party from copying your logo. What a trademark does is give the owner a greater ability to combat any infringement by availing itself of the benefits put in place in Florida law. Without a trademark a business would have more to prove and would have to overcome defenses of fair competition in most cases. With a valid registered trademark the business need only prove that another party used its protected logo, symbol, or name without its permission to be entitled to an injunction and damages under the statutes.
How does a trademark increase the value of my company
In addition to providing protection to your business logo, symbol, name, or catchphrase a trademark gives your business the flexibility of licensing its protected mark to other businesses for a fee under a licensing agreement. The Law Office of David Steinfeld regularly prepares these licensing agreements for businesses. Licensing a trademark can enhance the mark, provide added visibility and recognition for the mark, and increase its value and that of your business.
Likewise if you trademark your business logo, symbol, name, or catchphrase that can add value to your business should you later sell the business or the assets. Protected intellectual property is an important asset of any business and is addressed in David Steinfeld's chapter on the purchase and sale of businesses published in the Florida Bar's Small Business Handbook.
Likewise if you trademark your business logo, symbol, name, or catchphrase that can add value to your business should you later sell the business or the assets. Protected intellectual property is an important asset of any business and is addressed in David Steinfeld's chapter on the purchase and sale of businesses published in the Florida Bar's Small Business Handbook.
How do you trademark your business logo in Florida
Registering a trademark in Florida is a relatively simple process using the form provided on the Sunbiz website. The form explains how to properly complete the registration. The current cost is $87.50 per class and the registration is good for five years. One trick to properly completing the form is to disclaim any trademark to common terms or symbols.
For example the logo of the Law Office of David Steinfeld consists of a courthouse and the letter "e" with computer code embedded in it. That electronic "e" represents that the Firm is all digital and leverages technology to provide a more efficient service particularly in the area of electronic discovery. But the trademarked logo is the combination of those two components because a business cannot trademark a courthouse or the letter "e" by themselves. Without disclaiming an interest to those components the trademark application would fail. So this is something to bear in mind when you consider applying for a trademark for your business logo or name.
For example the logo of the Law Office of David Steinfeld consists of a courthouse and the letter "e" with computer code embedded in it. That electronic "e" represents that the Firm is all digital and leverages technology to provide a more efficient service particularly in the area of electronic discovery. But the trademarked logo is the combination of those two components because a business cannot trademark a courthouse or the letter "e" by themselves. Without disclaiming an interest to those components the trademark application would fail. So this is something to bear in mind when you consider applying for a trademark for your business logo or name.
What is a service mark versus a trademark
Basically a service mark is designed to protect a service your business performs and a trademark protects a product your business sells. In practical application arguably the trademark is more commonly recognized but if your business provides a service it can use either the SM or TM marks once approved and registered with the State.
Under Florida law a service mark is defined as any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of such person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that the person or the programs may advertise the goods of the sponsor.
A trademark as defined in the Florida Statutes means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown.
Under Florida law a service mark is defined as any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of such person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that the person or the programs may advertise the goods of the sponsor.
A trademark as defined in the Florida Statutes means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown.
Should you register nationally, locally, or both
State registration in Florida entitles a business to use either the TM or SM marks on its logo, name, or whatever it successfully registers. The circle "R" symbol - ® - is only allowed for logos or phrases approved by the US Patent and Trademark Office that regulates federally registered marks. The difference between the two is that marks registered in Florida are afforded the benefits of Florida law whereas marks registered federally are protected under federal law in every state in the union and territories in which federal law applies. But registering a mark with the USPTO costs much more than $87.50 per class and takes longer than registering with Florida.
Board Certified expert business lawyer David Steinfeld can guide your business as to whether a trade or service mark is right for you and whether a Florida or federal registration will provide an appropriate level of protection for your company. The Law Office of David Steinfeld litigates intellectual property disputes such as trademark infringement but does not commonly register the marks. Oftentimes it is easy enough for a business to register with Florida on its own. For federal registration the Firm can recommend IP transactional attorneys to your business that specialize in those registrations.
Board Certified expert business lawyer David Steinfeld can guide your business as to whether a trade or service mark is right for you and whether a Florida or federal registration will provide an appropriate level of protection for your company. The Law Office of David Steinfeld litigates intellectual property disputes such as trademark infringement but does not commonly register the marks. Oftentimes it is easy enough for a business to register with Florida on its own. For federal registration the Firm can recommend IP transactional attorneys to your business that specialize in those registrations.
The takeaways on trademarking your business logo
Some attorneys occasionally give advice that they do not follow themselves but the Law Office of David Steinfeld has trademarked its own logo in Florida. The registration is denoted by the small “TM” at the bottom right of the logo. This communicates that the Firm follows the advice it gives to its clients.
The logo or catchphrase of any business is something into which a great deal of time and energy is often placed and a source of pride for the business. Trademarking your business logo, symbol, name, or catchphrase is an easy process in Florida and allows the business to take advantage of the protections afforded under Florida law.
The logo or catchphrase of any business is something into which a great deal of time and energy is often placed and a source of pride for the business. Trademarking your business logo, symbol, name, or catchphrase is an easy process in Florida and allows the business to take advantage of the protections afforded under Florida law.
Written by expert business lawyer David Steinfeld
David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for over 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
