Why Should I Obtain a United States Trademark Registration when a Florida Trademark is less expensive?
Under Chapter 495, Florida Statutes, a mark can be registered with the Florida Department of State. Because it costs less to file for the registration many individuals choose to file only with the State of Florida. However, if you have a mark used with goods or services that crosses state lines, or effects commerce crossing the lines (Internet business for example) the filing for a federal registration, instead of with the state, should be considered.
Among the many benefits of federal registration is the use of the symbol ® with the marks. One also obtains the exclusive right to use the mark in commerce in connection with the specified goods or services. The mark becomes “incontestable” after five years of continuous use and the filing of an affidavit with the Trademark Office.
If you qualify for federal registration, the additional costs are clearly outweighed by the benefits.
Thomas Frost, as a Registered Patent Attorney, can help you protect your company’s name, images and other trademark or servicemark in Florida, including the Pinellas County, St. Petersburg, Clearwater, Tampa, Sarasota and Orlando areas. Contact us at our St. Petersburg office by telephone, fax and email to obtain a trademark or servicemark registration.