Fort Lauderdale Trademark Attorney

Do you have an established business? Or are you getting ready to open one? Congratulations! Do you have your business name registered with the state? Great! Have you had a logo designed yet? Do you have a memorable tagline? Yes? Perfect!

Now, here is the most important question – have you registered your trademark yet?

Your business’s name, logo, and taglines – among other things – make up your company’s brand. And a business’s brand is its lifeblood. It is how you make people notice you in the sea of thousands of other businesses. Your brand is what people remember when they see it on the side of a bus or in a commercial. They may not remember your phone number from that type of advertising, but they will use your brand to search for you online.

Your brand is one of your most important assets. Registering it with the U.S. Patent and Trademark Office (USPTO) is the most reliable – and cheapest – way to protect that asset. Our Fort Lauderdale Trademark Law Office is here to assist you with the process.

Business Name v. Domain Name v. Trademark

Often, a business owner will think that they do not need to register a trademark because they have already registered their business name with their Secretary of State or because they have registered their domain name. Unfortunately, they are mistaken in that belief and that can lead to big problems down the road.

A simple breakdown of these three things is:

  • Business Name: the name of the entity that you register with your Secretary of State that allows you to do business in your state. It provides you with no federal protections because Secretaries of State do not communicate with each other.

  • Domain Name: a website address which is registered with a domain name registrar. Doing so allows you to use that web address to host your website or can be used for your email. It does not provide you with federal trademark protection, and – as noted above – if the domain name is already trademarked by another entity, it can lead to legal problems in the future. A domain name also does not register you with your state.

  • Trademark: a brand (a word, phrase, slogan, symbol, design, or combination of these) that is registered with the USPTO. Having a trademark registered with the USPTO gives you federal protection against another company using a brand that could cause confusion to your customers about which company they would prefer to buy from.

Federal v. State Registration

You may be thinking, “Why do I need to register my brand with the USPTO? I already registered with my state.”

Be clear about what it was that you registered with your state. If you actually filed to register your trademark with your state, congratulations! You do have some protections in place. However, this will only protect you from other businesses in your state. If someone else has a similar trademark registered with the USPTO and they decide to go nationwide with their business, you could be facing a legal battle with them – especially if their goods or services are in a somewhat similar category as yours.

Having our Fort Lauderdale Trademark Law Office assist you with the filing of your trademark with the USPTO will give you peace of mind in knowing that you have your brand protected. No one wants to go to all the trouble and work of starting a business just to have legal troubles come up later. And remember, you might not be thinking of expanding that business nationwide right now, but who knows what the future may bring? Also, the internet is a global entity so if you have a website your business is effectively nationwide already.

Fort Lauderdale Trademark Attorney Pamela Fero is Here to Help

Call our Fort Lauderdale Law Firm now to arrange a free phone consultation with an attorney who will help you decide the right course of action for you.

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I needed some advice on a pending lawsuit and Pamela was extremely responsive. She returns your calls promptly and responds to emails in the same fashion. With Pamela by your side you truly feel like someone is passionately fighting for you. Marilyn M.
Mrs. Fero was very helpful and expeditious in tending to some legal matters that I needed to have handled. It is apparent that she cares about the quality of her work, and explaining the legal jargon in an easily understood manner. It is nice having a lawyer represent me who cares about getting the job done thoroughly and correctly. Keith M.
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