The 5-Step Guide To Registering Your Trademark In Florida
The intellectual property of your business is one of its most valuable assets, and one of the most common forms of IP is the trademark.
Here is a 5-step guide to registering your trademark in Florida:
Hire a Trademark AttorneySince anyone can register a trademark with the United States Patent and Trademark Office (USPTO), it is important to make sure that you have the help of an experienced trademark attorney. This is because there are many issues that can emerge during the process of registering a trademark that will affect the validity of your mark, and it might be difficult for you to solve every problem effectively, especially if this is the first mark you have ever attempted to register.
Identify Your TrademarksOnce you have hired the right attorney, the next step in any trademark registration is to make sure you have clearly chosen your mark as the identifier of your brand. You must make sure that the mark you choose to register is the one you want to stick with. Once you have made a decision on a mark, you will then have to determine whether it can actually be registered. In order to qualify for a trademark registration with the USPTO, a mark must:
1. Be used in commercial activities; and
2. Be unique and distinctive.
Although these two requirements may seem simple, they actually come with several legal concerns regarding how unique or distinct your mark has to be in order to qualify for registration.
Your Jurado& Farshchian, P.L. Trademark Lawyer will provide expertise during this part of the process to help you make sure the mark you register is as unique and strong as it needs to be, in order to ensure a successful application.
Conduct a Trademark ResearchBefore you actually attempt to file your application, it is crucial that you check whether the mark you intend to register is actually available and has not been taken by another company. The USPTO will reject any mark that comes with a high “likelihood of confusion” with any other mark that has been previously registered. Searching for similar marks and determining whether yours will hold up is a tricky process, so the guidance of an experienced attorney is more than crucial.
Prepare Your ApplicationAfter your mark is prepared and you have determined that it will not likely be confused with another mark in the USPTO database, you will have to move on to actually preparing your trademark application. The USPTO will require that you categorize your mark in one of two ways:
1. Used in commerce (your business is already using the mark); or
2. Intent to use (you intend to use the mark in the future).
Once this is done, you and your attorney will be allowed to follow the USPTO’s electronic application process, gather the required documents, and arrange for payment of any filing fees.
Submit Your ApplicationOnce all the steps above have been taken care of, the final step is actually submitting your trademark application. Before you do, make sure to go over it carefully with your attorney, as many times as necessary, to make sure everything is presented the way you want it. After you submit your application, the USPTO will review your case and make a decision to either approve or deny your trademark registration.