*Please note that while Gerben Law Firm is not located in Florida, it can assist businesses from Florida in registering a federal trademark because it is a federal matter.
Orlando, Florida may be known as “The Theme Park Capital of the World,” but it is also home to numerous industries that continue to experience growth with new businesses starting up year after year. Gerben Law Firm helps new and established Orlando businesses of all sizes with a full range of federal trademark services. Since 2008, Gerben Law Firm has assisted businesses by registering over 3500 trademarks for clients from all 50 states and over 30 countries. Let the experienced trademark attorneys of Gerben Law Firm help you and your business register and protect your valuable intellectual property.
Gerben Law Firm is based in Washington, DC but assists clients in federal trademark matters from across the country, including from Orlando.
Everything You Need for Federal Trademark Registration
Top 5 Questions about Obtaining a Trademark
- What’s the difference between a trademark and a copyright?
- Both trademarks and copyrights were created to provide intellectual property protection, but they safeguard different types of assets. A trademark protects a distinctive element that serves to define a company brand, like its name or logo. A copyright protects a creative piece of work, such as paintings, books, or songs.
- What are the main purposes of a trademark?
- The main purpose of a trademark is to ensure that the public does not suffer any confusion about the source of goods or services. For example, a restaurant using a large, arched, golden “M” logo on their sign may be mistaken for a McDonald’s. Causing this type of confusion is against trademark law. Additionally, using a trademark serves to ensure that the trademark owner, not an imitative competitor, will benefit from its desirable products and good reputation.
- What types of items can obtain trademark protection?
- Trademark registration can be permitted on distinguishing names, slogans, and logos. Businesses often seek trademarks for product names, company names, company logos, and taglines. For example, the swoosh design and “Just Do It” slogan are trademarks of Nike Inc., as well as the name of the company.
- What’s the difference between a registered and unregistered trademark?
- Trademarks are not required to be registered with the U.S. Patent and Trademark Office (USPTO). If you offer a product and/or service in the marketplace you can obtain certain “common law” rights on the trademark(s) associated with the product and/or service. For example, a pizza shop in downtown Orlando named Orlandazzo’s Pizza Shop could prevent another local restaurant from using a same or similar name. However, those rights would be local to the Orlando area (in most circumstances). If a federal trademark registration is obtained on the name the owner of the pizza shop would then enjoy the presumption of national ownership of the name.
- Should our company register its trademarks?
- To put it simply, yes, you should register your trademarks. Your mark has value, and you add an extra level of protection by it registering itobtaining a federal trademark registration. As a business owner, you take many steps to protect your company’s assets, such as buying insurance or installing security systems or devices. Registering your trademarks is another way to protect your business assets.
Common Misunderstandings about Filing Trademarks for Orlando Based Businesses
- My trademark is totally original, so I don’t need a search.
- It’s possible that your trademark isn’t as original as you think it is. Each year, there are thousands of trademark applications that are denied because they too closely resemble another company’s trademark. That’s why it is always a good idea to have your application pre-screened by a trademark attorney who will search registered and pending trademarks, domain manes, and any common law uses that might cause problems for your proposed trademarks.
- I can’t use the TM symbol until the USPTO approves my application.
- Legally speaking, using the TM symbol to your name means that you are asserting a public claim of ownership to the trademark. That means that you can proudly add the TM symbol to your trademark even before your application with the USPTO is approved. That being said, you may not use the circled R symbol. This is the symbol that is used only once a trademark is federally registered.
- Once my trademark application Is approved, it is recognized worldwide.
- o A trademark that is approved by the USPTO is only recognized in the United States. Just because you are approved in the U.S., it does not mean that it is recognized internationally. You should talk to your trademark attorney about registration in other countries if this is something important to your brand.
The Number of Trademarks Registered by Orlando Businesses (by Year)
How many trademarks have Orlando, Florida businesses registered over the years? Gerben Law Firm collected the following data.
||# of Trademarks Registered
*data was gathered from the USPTO’s public database
Types of Trademark Services We Offer
Additional Information on Trademark Registration for Orlando, FL Businesses
The metropolitan area of Orlando is home to nearly two and a half million Floridians and is a global industrial and hi-tech center, making it a huge draw for new businesses. It is also a major destination for millions of tourists from around the world because of its theme parks and other attractions. Visibility to the scores of residents and visitors create an advantageous environment for companies of all types and sizes, making it especially important to differentiate themselves from their competitors. The first step to doing so is registering and protecting business names, logos, and slogans.
In a competitive market like Orlando, the need to protect your business intellectual property is high. The city sees more than its share of trademark litigation each year, as it is home to so many domestic and international businesses in numerous industries. For example, an Orlando retirement community recently filed suit against a moving company and a local neurologist because they were using a version of its name, potentially “casing in” on the residential community’s good reputation. This is simply one of many cases of trademark lawsuits that Orlando that might have been avoided with the proper search and registration of business marks.
It’s essential that businesses have an effective strategy for protecting their trademarks. Proper registration of a trademark with the USPTO after an exhaustive trademark search is the safest way to ensure that your company’s marks are not misused by other businesses.