If you’ve already registered your business name, created a website, and started a marketing campaign to build brand awareness, you might be asking yourself whether you should submit an application to the United States Patent and Trademark Office (USPTO) to trademark your business name. While some will choose to wait until their business has blossomed and has proven to be profitable, others will take the leap and file for a trademark immediately after starting their company to ensure their investment is protected. Although the decision is ultimately left up to you, you should consider consulting with an Orlando, FL business law attorney who can lay out the benefits of filing for a trademark and the risks associated with not having one.

While an Orlando, FL business law lawyer can provide you with in-depth information regarding trademarks that is tailored to your particular business, we have listed a few things for you to consider if you aren’t sure whether you should trademark your business name now or wait to do it in the future.


  1. You must be prepared to meet all the legal requirements needed to trademark a business name. Before submitting your application, you need to know whether your trademark is federally registrable. You also need to be able to properly identify your goods or services. A business law attorney can help identify all the legal requirements that must be met before submitting a trademark application.


  1. Obtaining a trademark assures you have all legal rights to use the name, slogan, symbol, and/or design. It is important to understand that just because you registered your business name with your state and even purchased a domain name that matches this, you aren’t granted trademark rights until your application has been processed by the USPTO and you receive a certificate. While your name might be protected in the state you live in, until you have a trademark, your name could potentially be used by someone else to profit.


  1. Filing a trademark application will confirm that your business name is available for use. There have been cases where individuals will start a business and build brand awareness around their name only to find out it has already been trademarked. To avoid wasting time and money, you should conduct research to determine whether the name you want to trademark is available. After meeting with a lawyer and confirming that your name can be trademarked, it is best to proceed with the process. If the USPTO approves your application, this proves the name is available and you now hold the legal rights to use it.


There are many steps a business owner can take to protect their name, logo, slogan, etc. so that others cannot profit off of it. If you are in the initial stages of building your business and would like to learn more about trademarking your name, contact Legal Counsel, P.A. to speak with an Orlando, FL business law lawyer.


Legal Counsel P.A. has an office in Orlando which is located at:


189 S. Orange Avenue, Ste. 1800

Orlando, FL 32801

Phone: 407-395-2653

Website: www.legalcounselpa.com

Email: [email protected]  

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