What is a Trademark? (Florida and Federal)

2. Florida Legal Context

Trademarks are governed by both state and federal law:

• Florida Trademark Act (Fla. Stat. Chapter 495):
  • Registration with the Florida Division of Corporations provides protection within Florida only.
  • Useful for small businesses operating locally.
  • Easier and less expensive than federal registration.
• Federal Lanham Act (15 U.S.C. §1051 et seq.):
  • Registration with the USPTO provides nationwide protection.
  • Gives the right to use the ® symbol.
  • Provides stronger enforcement, including federal lawsuits and customs protection against counterfeit imports.

Key Point: Using a trademark in commerce provides some rights, but registration (state or federal) greatly strengthens those rights.

3. Real-World Application

Examples of trademark use in Florida businesses:

• A Tampa coffee shop registers its logo with the Florida Division of Corporations for statewide protection.
• A Miami fashion brand registers its name federally to prevent nationwide infringement.
• An Orlando brewery uses trade dress (bottle and can designs) to distinguish its craft beers.

4. Why It Matters for Business Owners

Trademarks are critical for brand protection and growth.

Why they matter:

• Prevents confusion: Customers can identify your goods/services easily.
• Protects your brand: Prevents competitors from copying your name, logo, or slogan.
• Adds value: Trademarks are business assets that can be licensed, franchised, or sold.
• Legal remedies: Registration allows stronger enforcement against infringers.

Common mistakes Florida businesses make:

• Assuming registering a business name with Sunbiz gives trademark protection (it doesn’t).
• Using a mark already in use — risking lawsuits for infringement.
• Not renewing trademark registrations.
• Confusing state and federal protections.

5. Real-World Florida Examples

• A Sarasota restaurant registered its name federally and stopped a competitor in Georgia from using a similar name.
• A Jacksonville cleaning service lost branding rights because it only used a name without registering it.
• A Fort Lauderdale gym avoided a costly lawsuit by conducting a federal trademark search before rebranding.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we guide businesses through the trademark process. Our services include:

• Conducting clearance searches to avoid conflicts
• Filing Florida and federal trademark applications
• Monitoring and renewing trademark registrations
• Enforcing trademark rights against infringers
• Defending against infringement claims
• Advising on branding, licensing, and expansion strategies

We ensure your trademarks are protected and enforceable — locally and nationwide.

7. FAQs (Frequently Asked Questions)

Q: Do I need to register my trademark federally or in Florida?
A: If you only operate in Florida, state registration may be enough. For broader protection, federal registration is recommended.

Q: Can I use ™ without registration?
A: Yes. ™ can be used for unregistered marks. Only federally registered marks may use ®.

Q: How long does trademark protection last?
A: Indefinitely, if renewed and the mark remains in use.

Q: Can two businesses use the same name?
A: Possibly, if they operate in different industries/markets. But conflicts are common and best avoided.

Q: Why hire a lawyer for trademark registration?
A: Trademark filings are complex. Mistakes can weaken or invalidate your rights. A lawyer ensures your brand is fully protected.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

• Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
• 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
• 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.