Florida Trademark and Intellectual Property Attorney

A brand takes years to build and very little time to lose. A business that invests in a name without checking whether someone else already uses it, or that never registers its mark, can find itself rebranding at the worst possible moment. As your trademark attorney, we help you protect your name and your ideas from the start, and we use that protection when a deal or a dispute puts it to the test.

Intellectual property is part of our corporate law practice. We counsel clients on establishing and protecting their intellectual capital, licensing inventions, transferring proprietary technology, drafting licensing agreements, negotiating settlements and conducting intellectual property due diligence.

What intellectual property your business may own

• Trademarks and service marks: names, logos and slogans that identify your goods or services.
• Copyrights: original content such as text, images, video, designs and software code.
• Trade secrets and confidential know how: recipes, processes, customer lists and methods you keep private.
• Inventions and proprietary technology that give your business an edge.

Each type is protected in a different way, and many businesses own more of it than they realize. A review of what you have is often the first step.

Choosing a mark you can protect

The strongest brand protection begins before you file anything. A name that describes your product plainly is hard to protect, and a name close to one already in use invites a dispute. Before you invest in signage, packaging and advertising, we help you think through how distinctive the mark is and whether others are already using something similar in your market.

Florida trademark registration under chapter 495

Florida offers its own trademark registration, separate from federal registration. Chapter 495 of the Florida Statutes sets out the rules:

• Where to file. Applications are filed with the Florida Department of State (sections 495.011 and 495.031).
• Use first. The applicant must already be using the mark in Florida, and the application must say so (section 495.031). Use means real use in the ordinary course of trade, not merely reserving a name.
• Term and renewal. A registration lasts five years from the registration date and may be renewed for successive five year terms, with a renewal application filed within the six months before the term expires showing the mark is still in use in Florida (section 495.071).
• Remedies. Chapter 495 defines infringement (section 495.131) and allows the owner of a registered mark to seek an injunction, profits or damages and, in some cases, attorney fees (section 495.141).

A Florida registration protects your mark within Florida. For a business that operates only in the state, it can be a practical layer of protection.

Federal registration with the USPTO

Federal registration is handled by the United States Patent and Trademark Office. According to the USPTO, federal registration gives public notice of your claim to the mark, a legal presumption that you own it, nationwide rights, the ability to bring an infringement lawsuit in federal court, the right to use the registered trademark symbol, the option to record the registration with U.S. Customs and Border Protection to help stop infringing imports, and a basis for seeking protection in other countries. For a business that sells across state lines or online, federal registration is often the goal, and some businesses hold both.

Protecting copyrights and trade secrets through your agreements

Much of a company's intellectual property is protected less by registration than by paperwork. Content, designs and code created by employees and independent contractors should be clearly assigned to the company in writing, or ownership can be disputed later. Confidential information, such as customer lists, pricing and processes, stays protected only if the business treats it as confidential, with confidentiality agreements for employees, contractors and business partners and sensible limits on who can access it. We review and prepare those agreements so the ownership of what your team creates is never in doubt.

Licensing and technology transfer

Intellectual property earns money when others pay to use it. A licensing agreement sets the terms: what is licensed, where, for how long, whether the license is exclusive, how the licensor controls quality and how royalties are calculated and paid. For trademarks, quality control is especially important, because a brand that is licensed carelessly can lose its value. We draft and negotiate licensing agreements and technology transfer agreements for licensors and licensees. Licensing terms also show up inside other deals, such as distribution and influencer arrangements, which we prepare as part of our business contracts work.

Intellectual property due diligence

When a company is bought, sold or takes on investors, its intellectual property is often a large part of what is changing hands. IP due diligence confirms that the company actually owns what it claims, that registrations are current, that employees and contractors have assigned their work to the company and that no licenses or disputes limit its value. We conduct that review for buyers and prepare sellers for it as part of mergers and acquisitions.

When someone uses your mark

If a competitor starts using a name or logo confusingly similar to yours, timing and evidence matter. We review your rights and registrations, the other party's use and your options, which may include a demand letter, a negotiated settlement or, when necessary, litigation. Our founding partner, David Cannady, is a former Florida prosecutor, and we prepare every enforcement step with the possibility of court in mind. You can meet with us at our Fort Lauderdale office, in Indian Harbour Beach or in Orlando.