How to Protect the Name of your Florida Startup

The name of your startup could be the first interaction a customer has with your brand. As a new business owner, you’ve probably spent countless hours considering unique names that will help your business stand out. So how can you protect the name of your Florida startup? Register your trademark with the USPTO.

How Trademarks Can Protect your Florida Startup

Protection from Infringement

As you work to establish your startup’s name in your particular industry, you’ll need to protect its reputation. If another business begins using your brand’s name, it could not only confuse customers, it could diminish trust in your brand as well, especially if the other business offers an inferior product or service. Fortunately, when your business name is registered with the USPTO, you’re afforded special protections against infringement. The day you submit your trademark application to the USPTO will become your priority date, and anyone else looking to file a similar trademark after that date will be subject to your priority in the trademark. If another business or individual still chooses to use a confusingly similar name, you’ll have the right to take legal action with the help of a trademark lawyer.  For example, as a registered trademark holder you can seek damages and attorney’s fees if you end up filing a lawsuit to enforce your rights.

Obtain Nationwide Validity

The United States is a common law country, which means you’ll have some very limited rights to your business name, even if you do not attempt to federally register your trademark. However, these common law rights were designed to protect businesses from infringement by local competitors, so your business name would only be protected in the small geographic region where your startup is based. Since you likely have plans to reach customers outside South Florida, you’ll need to register your business name with the USPTO. Doing so will provide you the presumption of validity nationwide, and you’ll be able to expand and reach customers in all fifty states. 

Distinguish Yourself from Competitors

A unique trademark will help you stand out in a crowded market. If you’ve created a memorable business name and protected it through trademark registration, customers will easily recognize your brand, and they’ll be able to find your business online and on social media. To further solidify your brand’s reputation and presence online, consider hiring reputation management services from internetreputation.com. Once your trademark is registered, you’ll also be able to use the ® symbol, which provides an extra layer of professional validity your competitors may not have. When it comes to the names of your products, you may work with a product name research consultant to help you come up with appealing and recognizable product names.

Help with International Registration

A federally registered trademark will protect your business name in all fifty states, but it will not protect your brand in disputes that occur internationally. In order to protect your startup’s name in other countries, you must register your trademark in those countries, as well. The good news is that beginning the process to register your trademark in the United States is actually a springboard for international registration. I also needed a virtual office recently for a business in Liverpool so signed up for the Liverpool virtual office service from Virtually There and it’s just been great, so look there is you need such a service.

Once you’ve submitted your trademark application to the USPTO, you’ll have two choices for registration in other countries. The first is to simply submit an application directly to each country’s trademark office. However, if you plan to register in several countries, you may want to consider the Madrid Protocol. This international treaty allows you to complete one application that can then be submitted to over 100 member countries. Each individual country will then make the decision to approve or reject your trademark application. 

Steps to Obtaining a Federal Trademark Registration

Conduct a Trademark Search

The USPTO will not approve your trademark registration if a confusingly similar mark is already in use. So, before you start filling out your application and gathering your documentation, you need to make sure that the business name you plan to use is actually available for registration. Work with your trademark attorney to conduct a comprehensive trademark search to find any existing marks that may cause a likelihood of confusion in the marketplace. If no conflicting marks are found, you can then begin the trademark application process. If your search reveals a similar mark, however, you’ll need to make changes to your business name or perhaps select a new name altogether before proceeding with your trademark application. 

File an Application with the USPTO

Once you’ve selected a business name that you think is available for registration, it’s time to file your application with the USPTO. There are several applications to choose from, based on the trademark classes you’ll be filing and your preferred communication style, but each one must be completed online. 

After your application and documentation has been submitted to the USPTO, you’ll be assigned an examiner. Throughout the process, if your examiner needs clarification or additional information, you’ll receive an Office Action. It’s important to respond to these Office Actions within the timeframe specified by the USPTO, usually within six months. Failing to respond to these Office Actions could result in rejection of your application.  

Maintain Your Trademark Registration

Your trademark protections are extremely valuable to your business, so keeping them should be a top priority. In order to maintain ownership of your trademark, you’ll need to continue using it in the marketplace, just as it appears in your trademark application. You must also meet the renewal deadlines set by the USPTO. For new trademark owners, you’ll need to renew your trademark between the fifth and sixth year, and then again between the ninth and tenth year. After that, plan to renew your trademark every ten years. Doing these things will ensure that your trademark will have protections well into the future. 

Protecting your Florida Startup’s Name Through Trademark Registration

As a new business owner, you’ve probably spent serious time and money trying to create a unique, stand out brand. The next step is to ensure that your brand is protected. Trademark registration protects your business from infringement, provides nationwide validity, and even helps to set you apart in a crowded industry. It’s also the springboard to registration internationally, so as your business grows, you’ll be prepared. Before you start using your business name, though, conduct a comprehensive search to make sure confusingly similar marks don’t already exist, then submit your application to the USPTO. Once your registration has been approved, maintain your valuable protections by consistently using your mark and meeting renewal deadlines. Start the process to protect your Florida startup today!

Author Bio:Josh Gerben is the founder of Gerben Intellectual Property, a full-service intellectual property firm, with physical locations in Washington, DC, Philadelphia, and Miami. Josh and his team offer trademark, copyright, and patent services. Since 2008, Gerben IP has secured over 6,000 trademark registrations for clients and has been featured in a wide range of local and national news outlets, including NPR, The Washington Post, The Wall Street Journal, CNN and more.