If you are operating a business in Florida, you have likely already visited Sunbiz.org. You filed your Articles of Incorporation, paid your fees, and secured your entity name. It feels like you own your brand.
Here is the hard truth that catches many Florida entrepreneurs off guard: A Sunbiz registration is not a trademark.
Registering your LLC with the Florida Division of Corporations gives you the right to operate under that name within the state tax system, but it offers zero protection against a competitor in Georgia, New York, or even the next county over using your brand name to sell similar products.
To truly secure your intellectual property, and unlock critical assets like the Amazon Brand Registry, you must deal with the federal landscape.
The transition from a local Florida entity to a federally protected brand is a rigorous legal process. At KEW Legal®, we break down the federal United States Patent and Trademark Office (USPTO) registration specifically for the Florida market.
State vs. Federal Protection
Before diving into the “how,” we must clarify the “why.” Many business owners hesitate at the federal level due to the cost difference. A Florida state trademark costs $87.50. A federal application ranges from $250 to $350 per class of goods.
However, the value gap is immense. A Florida state registration only protects you within state lines. In an era where even local Coral Gables boutiques sell online, your market is rarely just “local.”
Federal registration provides:
- Nationwide Priority: The exclusive right to use your mark across all 50 states.
- Amazon Brand Registry: For Florida’s booming e-commerce sector, this is non-negotiable. You cannot lock down your brand on Amazon without a federal registration number.
- Legal Presumption of Ownership: If you end up in court, the burden of proof is on the infringer, not you.
Understanding the importance of trademarks is the first step toward securing your business’s future valuation.
Step 1: The Multi-Tier Search Strategy
A common mistake is checking Sunbiz, seeing the name is available, and assuming the coast is clear. The USPTO does not check Sunbiz when reviewing your application. They check their own federal database.
To make sure your application doesn’t face immediate rejection, you need a comprehensive clearance search that covers three layers:
1. The Federal Database (USPTO)
You must search the USPTO’s trademark database (formerly TESS) for not just exact matches, but “confusingly similar” marks. If you want to register “SunCoast Coffee” and someone owns “SunCoast Café” for beverages, your application will likely be blocked.
2. State Registries
While the USPTO focuses on federal marks, common law rights (rights gained by use without registration) still matter. A business in Texas using your name could limit your ability to expand there.
3. The “Amazon Factor” and Domain Availability
If your goal is e-commerce, checking the USPTO isn’t enough, you need to make sure the exact match is available for brand registry and social handles.
Because this analysis involves subjective legal standards like “likelihood of confusion,” this is where professional trademark registration assistance becomes vital. A simple search tells you if a name exists, a legal analysis tells you if it’s safe to use.
Step 2: Choosing Your Filing Basis (1a vs. 1b)
Florida is a hub for startups and real estate development. Often, you are building the brand before you open the doors. The USPTO allows you to handle this through two different filing bases. Choosing the wrong one can delay your registration by months.
Use in Commerce (Section 1a)
This is for businesses that are currently selling goods or services across state lines (or to international customers, which is common in Miami). You must provide a “specimen”, evidence like a photo of your product with the label attached or a screenshot of your website cart.
Intent-to-Use (Section 1b)
This is the strategic choice for businesses still in the development phase. If you are building a restaurant in Brickell but won’t open for six months, you file an “Intent-to-Use” application. This secures your filing date before you make a single sale.
Step 3: Handling the “Geographic Descriptiveness” Trap
This is the most common pitfall for Florida businesses. We love our locations. We want to name our companies “Miami Real Estate Solutions,” “Florida Keys Fishing Charters,” or “Coral Gables Consulting.”
The USPTO generally refuses registration for marks that are “primarily geographically descriptive.” If the primary significance of your mark is a geographic location known for those goods, the USPTO will argue that all competitors in that area should be allowed to use that geographic term.
A Notable Exception
Can you register a geographic name? Yes, but it is difficult. You generally have to prove that the term has acquired “secondary meaning”, that when consumers hear “Miami Beach,” they think of your brand specifically, not just the city.
If your mark is refused on these grounds, you may need to amend your application to the Supplemental Register rather than the Principal Register. Understanding the nuances of the supplemental register trademark protections is critical if your brand name includes a city or state.
Step 4: The 2024 Timeline and Fee Schedule
Patience is a requirement for federal protection. As of 2024, the USPTO is facing a significant backlog.
- Filing to First Action: It currently takes approximately 10 months from the day you file until a USPTO examining attorney even looks at your application.
- Total Duration: A smooth application with no refusals takes 12 to 14 months. Complex cases can take 18 months or longer.
Fee Structure
- TEAS Plus ($250 per class): The streamlined, lower-cost option. It requires you to select goods/services from a pre-approved list and pay upfront.
- TEAS Standard ($350 per class): Allows for custom descriptions of goods and services. This is often necessary for niche tech companies or service providers whose offerings don’t fit standard categories.
Note: These fees are non-refundable, even if your application is rejected.
Step 5: Local Resources and The Role of Counsel
While the process is federal, support is available locally. Florida hosts several Patent and Trademark Resource Centers (PTRCs), located at public libraries in Fort Lauderdale (Broward County Main Library) and Miami (Miami-Dade Public Library), as well as the University of Central Florida in Orlando.
However, access to information is different from legal strategy. A PTRC librarian can show you how to search, but they cannot give you legal advice on whether your mark will survive an opposition proceeding.
Given the 10-month wait times and the complexity of office actions (legal refusals from the USPTO), having a trademark lawyer in Miami manage the docket makes sure you don’t miss critical deadlines that could cause your application to be abandoned.
Frequently Asked Questions
Can I just use LegalZoom or a similar service?
Automated filing services are essentially form-fillers. They input the data you give them. They generally do not provide a legal opinion on “likelihood of confusion” or draft arguments to overcome a refusal based on geographic descriptiveness. If your application hits a snag, you are on your own.
What happens if I receive an Office Action?
An Office Action is a formal letter from the USPTO examining attorney listing reasons why your trademark cannot be registered. You have three months to respond.
This is a legal proceeding where you must cite case law and statutes to argue your case. This is where a trademark attorney in Coral Gables provides the highest return on investment, crafting the legal arguments necessary to save the application.
Does a federal trademark replace my Sunbiz registration?
No. You still need to maintain your active status with the Florida Division of Corporations to operate legally as a business entity. The trademark protects the brand, while Sunbiz registers the company.
Securing Your Legacy With KEW Legal®
In Florida’s fast-paced market, your brand’s reputation is your most valuable asset. While the federal registration process is lengthy and technical, it is the only way to secure a monopoly on your brand name nationwide. Don’t let the complexity of the USPTO leave your business exposed.
At KEW Legal®, we handle these federal obstacles for Florida businesses, making sure that when you are ready to scale, your brand is ready to go with you.
Schedule a consultation with us today.
