How Do I Register A Trademark In Florida?

Every business owner needs to know how to register a trademark, as registration is the only thing that will protect the mark all over the country. Read on to learn how to register a trademark in Florida and how the Intellectual Property Lawyers at Jurado & Farshchian, P.L. can help you create a bulletproof IP protection strategy.

How to Register a Trademark in Florida

The United States has a dual trademark registration system. This dual system means, essentially, that you can apply for either state or federal trademark registration. However, the best way to protect your trademarks is to apply for both.

In Florida, your trademark is eligible for registration as soon as you start advertising your services or selling your products using the trademark to identify them. When it comes to federal registration, your trademark becomes eligible once you use it in commercial dealings in one or more states, between two states, or between a state and a foreign country.

You may apply for trademark registration based on either actual use in of the mark in commerce or upon a bona fide intention to use the trademark in commerce in the future, which is known as an “intent-to-use” application. If you file an “intent-to-use” trademark application, you will need to show actual use of the mark within 6 months from the date the U.S. Patent and Trademark Office approves the mark for registration, unless you obtain an extension of this deadline.

Once you obtain federal trademark registration, your mark will be protected for successively renewable terms of 10 years each. It is important to keep in mind that the USPTO will cancel your registration if you do not file an affidavit that you are still using the registered trademark between the fifth and sixth year after registration. In addition, you should file an affidavit asserting that the registered trademark has been in continuous use in commerce for five years, with no pending challenging proceeding or adverse decision, to render the trademark “incontestable.”

To register a trademark federally, you must file your trademark application along with the required filing fees. Your trademark application documents must identify:

• The owner of the trademark,
• The products and/or services associated with the trademark,
• The date of first usage of the trademark in commerce anywhere,
• The date of first usage of the trademark in interstate commerce, and
• Samples of the trademark as actually used in connection with the products and services it identifies.

Generally, trademark registration takes 12 to 24 months to complete for applications based on actual use of the trademark in commerce. The time it takes to complete an “intent-to-use” application will vary depending on the date actual use of the trademark is officially established.

To register a trademark with the State of Florida, you must file an application and pay the required filing fees in addition to submitting samples of the trademark as actually used in connection with the products and/or services your business offers. Your application should contain documentation that identifies:

• The owner of the trademark,
• The products and/or services associated with the trademark,
• The date of first usage of the trademark in commerce anywhere, and
• The date of first usage of the trademark in commerce in the State of Florida.

Are you looking to register a trademark in Florida but do not know how to get started? Jurado & Farshchian, P.L. can help you. Our firm has the best Intellectual Property Lawyers in Florida. Our IP team can help you protect your business and build your brand. Call us today at (305) 921-0440 or send us an email to to schedule an initial consultation.