A Small Business Owner Needs Assistance in Registering a Trademark.

What is a Trademark?

The United States Patent and Trademark Office (USPTO) defines a trademark as “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.”

Once registered, it is critical that you keep using your trademark, as the rights arise from actual use. As long as you continue to apply it to your goods and services, it can last forever.

What Are the Benefits of Trademark Registration?

When you register a trademark for your Florida small business, you enjoy benefits that include:

• Standing out from similar companies
• Making it easier for customers to find your company
• Added value for the company- as your company grows, so does the value of the trademark

A trademark can also be used as a security interest to obtain a business loan.

When you register your trademark, your business receives the exclusive right to use the trademark in connection with the goods and services identified in your registration. Other companies are prohibited from commercially exploiting your trademark. A lawsuit can be filed against a person or company that uses your trademark in an unlawful manner.

What Should You Consider When Choosing a Trademark for Your Small Business?

The following factors are important to consider when choosing a trademark:

• Strength of the Trademark: The strength of a trademark depends on how distinctive it is. Words or symbols that are unusual or unrelated to the product they represent are more likely to receive trademark protection. For example, you would have a hard time trademarking ‘wedding bouquets’ for your florist business because it is too generic.
• How Common It Is: The strength of a mark is affected by whether it is used commonly by other parties. ‘Coffee’ and ‘cake’ are common terms associated with cafes, for example. Your business name and symbol should be unique. This ensures it does not get confused with similar businesses in the area.

You might also want to consider your long-term goals for your small business. For example, if you name your bakery business ‘Boca Raton Donuts’ and enjoy a popularity that leads to cross-country franchising, your trademark makes it difficult for your brand to grow beyond state or even city limits.

Do You Need Assistance in Registering a Trademark?

Trademark registration is important, but it’s not easy. You need to be aware of a few differences between registering your trademark in Florida and registering it with the federal government, and there are different renewal processes for each. A Florida trademark lawyer can handle these details for you while you focus on growing your company.

Working with attorney Rich Sierra ensures that the trademark research and registration process is done correctly, protecting your work and giving you peace of mind. At the Florida Small Business Center, we assist businesses with a range of complex legal matters. To learn more about obtaining a trademark for your enterprise, call us at 1-866-842-5202.