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Trademark Infringement Weapon Arrives in Florida

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As discussed in an article in the Daily Business Review, the Florida Bar has pushed a new state law that will afford greater protection for corporate names, brands, logos, and slogans used by companies that do not practice interstate commerce.


Sponsored by state Senator Walter “Skip” Campbell, D-Tamarac, the Florida Trademark Law was passed overwhelmingly by the Legislature and signed into law by Governor Jeb Bush on June 12. The last time any change was made to Florida’s trademark law was 16 years ago, when the statute was restructured.


The new law should make it simpler for small businesses to register a trademark and protect it against infringers. Going into effect next January, the new law streamlines the state trademark application process, providing applicants with clearer filing and registration guidelines. Part of this new law includes providing trademark applicants with an appeal process if their trademark is rejected, a first in Florida law.


Those filing suit for trademark infringement will also be allowed to seek attorney fees and legal costs from the opposing party, encouraging amicable resolutions in a more efficient manner. Additionally, the statute will shorten trademark protection from 10 years to 5 years, allowing for sooner use of defunct names.

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