The term “logo” refers to a name, mark, or symbol that represents an idea. Often crafted with a combination of text and images, a solid business logo must demonstrate what a business does and what the brand values are.
If you have a logo uniquely designed for public recognition, it is an excellent idea to register it as a trademark. In this article, you will discover how to trademark a logo in Florida.
Florida Trademark Law – The Fundamentals
When you trademark a business logo, you can enforce it in court in case an infringement occurs. Please note that trademark rights come from their actual use in business, not from registration.
It is not mandatory to register a trademark, but registration gives the owner of the mark extended protection against infringement. If someone infringes an unregistered business logo, the owner often has to overcome defenses based on the fair use of the mark.
After proper trademark registration, the owner of the logo only needs to prove that an infringing party used its protected mark without authorization to seek the statutory remedies available in court.
Additionally, trademark registration allows you to license your logo to other businesses. In such cases, the licensee must sign a licensing agreement, meet the conditions established in the contract, and pay the applicable fee to use the registered logo.
How to Trademark a Logo in Florida – State Registration vs. Federal Registration
You have two options to trademark a logo in Florida – filing for state registration or federal registration. Companies conducting business only within the Sunshine State often opt for trademarking a logo with the Florida Department of State (Division of Corporations).
When compared to federal registration, Florida trademark registration is easier, quicker, and less expensive. The fees involved in the process do not exceed $100 and the processing timeframe is usually six months.
Florida Statute §495.031 specifies the information required in trademark applications. Applicants can fill out the forms and submit them online or by mail. The process is not complex, but applicants must pay attention to detail.
For example, a valuable tip for applicants is to disclaim any trademark to common terms, names, and symbols. The applicant must also submit examples of how the logo is used in business, such as advertisement materials, a website printout, or a specimen.
Filing for a federal trademark is more expensive and time-consuming than Florida trademark registration. However, a federally registered logo has superior protection compared to common law trademarks or trademarks registered only at the state level.
The United States Patent and Trademark Office (USPTO) is the federal agency responsible for registering trademarks nationwide.
Applicants must meet a strict set of criteria to have their trademarks approved, including performing a thorough search to identify whether an existing trademark is confusingly similar or has identical features.
Similar to state registration, applicants must fill out the required forms and submit them with the applicable fee. USPTO also requires specimens as evidence of its actual use in business and an accurate depiction of the trademark.
Considering federal registration involves more complex procedures, the standard processing timeframe is 12 to 18 months.
Protect Your Business Logo in Florida – Immediately Contact Jurado & Associates, P.A.
A well-versed trademark attorney from Jurado & Associates, P.A. is willing to help you succeed. Find a solution tailored to your case by calling (305) 921-0976 or emailing [email protected] for expert legal guidance.
