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How Do Florida Businesses Obtain Trademark Protection?
One of the most important assets that a business has is its trademark. This is why it is so critical to take the necessary legal steps to protect your trademark and ensure your business has exclusive rights to this branding. The best way to protect your trademark is to register it with the U.S. Patent and Trademark Office. A business attorney can assist you with this process.
Levels of Trademark Protection
A business should apply for trademark protection for products, goods, or any other tangible objects that can be sold. There are three levels of trademark protection that a business can apply for.
The first level is referred to as common law protection. This type of protection uses the ™ symbol to the right of the top of the symbol or logo the company is using. The symbol lets the public know what the company’s trademark is and that the company is claiming exclusive rights to the symbol or logo it is attached to. Although using this symbol may protect your symbol or logo within your local area, it will not provide protection state or nationwide.
The second level of protection is the state level. If your business will be operating statewide, then it would be prudent to obtain protection for your logo at the state level. One of the most common ways is to incorporate the business. You can also apply for state-issued trademark protection. Keep in mind, however, although this will protect you from another company in Florida from using your trademark, it does not provide protection from a company in another state from using it.
If your business will be operating on a national level, or you want the highest level of protection available, then you should obtain a federal trademark registration. A federal trademark will provide protection in every state, enabling you to take legal action against any company that infringes on your company’s trademark.
Call a Fort Lauderdale, FL Business Lawyer
If you own a company, make sure your symbol or logo, applying for a trademark, especially a federal trademark, can be a fairly complex process. Having a skilled attorney who is knowledgeable and experienced in this process will ensure you are protected. Our firm can also help if you have discovered that another company has committed trademark infringement against your trademark.
To learn more, call The Elliot Legal Group, P.A. at 754-332-2101 to schedule a confidential consultation with one of our dedicated Broward County business law attorneys.
Sources:
https://www.myasbn.com/articles/understanding-the-three-levels-of-trademark-rights/
https://dos.myflorida.com/sunbiz/forms/trademark-and-service-mark/
