A trademark is a type of intellectual property that consists of a recognizable sign, design, word, phrase, symbol, or combination of these that identifies and distinguishes the source of goods or services of one party from those of others.

Trademark registration is way to protect your unique names, logos or phrases. Federal registration provides protection in all states. Individual state registration provides protection in that state. Common law rights for your unique names, logos or phrases are protectable without registration; however, it can be much harder to defend their use by others.

Federal registration is accomplished through the U.S. Patent and Trademark Office. It is a fairly long and complex process and provides the strongest protections. The standard to successfully get federal registration for your trademark is whether it is not confusingly similar to a mark already in use, and demonstrating your exclusive right to use it in commerce.

Key Features of Trademarks
Source Identifier: Trademarks help consumers identify the origin of a product or service.
Brand Protection: They protect brand names and logos used on goods and services.
Exclusive Rights: The owner of a registered trademark has the exclusive right to use it in commerce for the goods/services it covers.

Types of Trademarks
  • Word Marks: Text-based (e.g., "Nike”)
  • Design Marks: Logos or stylized designs (e.g., the Nike swoosh)
  • Sound Marks: Distinctive sounds (e.g., NBC chimes)
  • Color Marks: Specific colors associated with a brand (e.g. Owens Corning Pink)
  • Trade Dress: The visual appearance of a product or its packaging (e.g. shape of Coke bottle)

Trademark Protection in the U.S. (Including Florida)
Federal Registration: Through the United States Patent and Trademark Office (USPTO)
State Registration: Through the Florida Department of State for protection within Florida
Common Law Rights: Acquired through actual use in commerce, even without registration

Benefits of Registering a Trademark
  • Legal presumption of ownership
  • Exclusive nationwide use
  • Ability to bring legal action in federal court
  • Use of ® symbol (once registered)
  • Deterrence against infringement

Trademark registration is a powerful tool to protect a business’s intellectual property and brand identity. BusinessLegal PC has successfully prosecuted hundreds of trademark applications. If you are considering registration of your mark, give us a call.