A Delray Beach trademark lawyer at The Lomnitzer Firm P.A. can answer your legal questions and give you critical advice about the trademark registration preparation and filing process. We can help you avoid the most common errors in trademark registration that businesses make when they take steps to protect their business logos.
Most businesses use a unique logo for marketing and advertising purposes. You can build brand awareness for your business by consistently using your logo to promote and market your business. Therefore, taking steps to protect your logo under state and federal law can be crucial when your goal is to build and grow a business.
Having a trademark in place puts others on notice that your business logo is registered and legally protected. It also provides you with legal remedies if others copy or use your business logo without your permission. You can take legal action to stop others from using your business logo, which can adversely affect your business or confuse consumers about which company has created and sold a product.
While a trademark protects a product that your business creates, markets, and sells, a service mark protects a service that your business performs. While the trademark is a more commonly recognizable form of legal protection for intellectual property, a service mark allows the same sort of protection for a business service as opposed to a product. Therefore, a business logo may get
Florida Statutes Section 495.011(13) defines “trademark” as “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.” In contrast, Section 495.11(11) defines “service mark” 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.
Florida Statutes, Chapter 495 is known as the “Registration and Protection of Trademarks Act.” You can register your business logo as a trademark or service mark by completing a simple registration process and paying a fee to the Florida Department of State, Division of Corporations. Receiving a certificate of registration allows you to use the designation “TM” or “SM” in conjunction with your business logo.
Once you have a trademark in place, you have the legal right to take action against other Florida businesses and residents who use your business logo in an unauthorized manner. If another person or business refuses to stop using your business logo, or one that is overly similar to your business logo, you can file a civil lawsuit against them seeking an injunction against further use of the logo and financial compensation for the losses to your business.
Federal law also permits businesses to register their business logo as a trademark. Once federal trademark registration is complete, a business owner can use the ® symbol in conjunction with their business logo. While state registration establishes legal protection within the state of Florida, federal registration with the U.S. Patent and Trademark Office (USPTO) establishes legal protection in all 50 states and U.S. territories. Therefore, it gives you much more expansive protections that extend nationwide. You also potentially have more remedies in a federal trademark infringement suit.
However, the registration process through the USPTO is significantly more expensive and time-consuming. Whether you need federal registration or state registration depends on your circumstances and the appropriate level of protection necessary for your business. An experienced Florida trademark lawyer can help you explore your legal options for protecting your business logo and determine which type of registration is in your best interest.
Whereas a trademark protects your business’s brand identity, including business logos, names, and slogans, a copyright protects creative works, such as books, music, and art.
While trademarks don’t expire, they do have use and renewal requirements. You must renew a trademark registration between the fifth and sixth years from your registration date. After the initial renewal, you only must renew the registration every ten years. Furthermore, it is insufficient to own a trademark; your business also must actively use the trademark to maintain the legal protection that a trademark offers.
No, you are not required to use the state or federal trademark symbols when you use your business logo. However, using a trademark symbol in conjunction with your logo may deter others from using or copying your business logo.
A Deerfield Beach trademark attorney at The Lomnitzer Firm P.A. stands ready to help you begin the trademark registration process. Contact our office today at (800) 853-9692 or online to schedule a time to discuss how to protect your business logo with our attorneys.
