A Board Certified Patent Attorney

The Business License Myth: The Necessity for Protecting a Trademark

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Many business owners believe that filing for a business license, submitting articles of incorporation, or submitting a fictitious business name statement gives them exclusive rights to use their name as a trademark and prevents competitors from using similar identifying marks nationwide.

As any qualified intellectual property attorney familiar with the United States Trademark and Patent Office regulations can tell you, this is simply NOT TRUE. Business licenses, fictitious name statements, and articles of incorporation are not substitutes for Federal trademark registration. Mistaken assumptions about trademark rights can be very costly to a business. Trademark issues should be addressed at the early stages of business development to avoid such problems.

If you have a specific matter involving a trademark,it is advisable to speak to a trademark attorney who is knowledgeable and experienced in practicing before the United States Patent and Trademark Office, in order to assist you with securing Federal trademark protection for your company’s name and product/service brand identities.

You would be wise to consult with a Florida trademark law first, before undertaking any trademark matters.

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