How to Trademark Your Business Name in Florida: A Step-by-Step Guide for Orlando Entrepreneurs

If you’re launching a business in Orlando, you’ve probably spent a lot of time thinking about your business name — how it sounds, how it looks, and how it reflects your brand. But choosing a great name is only half the battle. The other half is making sure you can legally protect it.

Trademarking your business name is one of the smartest steps you can take to secure your brand and prevent others from using something similar. Whether you’re just starting out or you’re already operating, it’s not too early — or too late — to start the process.

This guide breaks down everything Orlando entrepreneurs need to know about how to trademark a business name in Florida, and whether federal registration is right for you.

Step 1: Understand What a Trademark Is (and What It Isn’t)

A trademark is a word, phrase, symbol, or design that identifies and distinguishes your goods or services from those of others. In this case, your business name can be protected if it meets the legal requirements.

Keep in mind that:

• Registering your business name with the Florida Division of Corporations gives you the right to use it within the state — but it doesn’t protect it as a trademark.
• Registering a domain name or social media handle also doesn’t grant trademark rights.
• Only a state or federal trademark registration provides real legal protection.

Step 2: Conduct a Trademark Search

Before you invest in signage, marketing, or a website, you should conduct a comprehensive trademark search. This helps avoid legal trouble later and ensures your name is truly unique.

Your search should include:

• The USPTO trademark database (TESS)
• Florida Department of State trademark database
• Business name records from Sunbiz.org
• Common law usage (Google, social media, directories)

Why this matters in Orlando: The city has a rapidly growing business community. Choosing a name that’s too similar to another business — even if unintentional — could lead to confusion, a cease-and-desist letter, or worse.

Pro tip: A trademark attorney can perform a more thorough search and help assess the risk of conflict.

Step 3: Decide Between Florida State and Federal Trademark Registration

You have two main options for trademark registration:

Option 1: Florida State Trademark

• Handled by the Florida Department of State
• Offers protection only within Florida
• Less expensive and simpler than federal filing
• Best for small businesses that operate only locally

Option 2: Federal Trademark (USPTO)

• Offers nationwide protection
• Enables enforcement in federal court
• Allows use of the ® symbol
• Provides stronger legal rights and brand value

Which is right for you?

If you only plan to do business in Florida — say, a local cafe or real estate agency — a state trademark may be enough for now. But if you sell online, plan to franchise, or want to scale beyond Orlando, federal protection is often the smarter move.

Step 4: Prepare Your Application

Whether you file at the state or federal level, accuracy is key. The information you’ll need includes:

• Your business name (the trademark you’re registering)
• A clear description of your goods or services
• The date you first used the name in commerce
• A specimen showing how the name is used (like a label, website screenshot, or business card)

If you’re filing federally, you’ll also need to identify the correct International Class of goods or services.

Mistakes in your application can cause costly delays or even rejections. This is where working with an attorney pays off — they know how to avoid common pitfalls and file it right the first time.

Step 5: File the Application

To file a Florida state trademark, go to:

• Florida Department of State – Division of Corporations

The state filing fee is currently $87.50 per class.

To file a federal trademark, go to:

• USPTO Trademark Electronic Application System (TEAS)

Filing fees range from $250 to $350 per class.

After submission:

• Florida applications take 4–6 weeks to process.
• USPTO applications may take 8–12 months and often involve back-and-forth with an examining attorney.

Step 6: Monitor and Maintain Your Trademark

Once your trademark is registered, it’s your responsibility to:

• Monitor for potential infringers
• Enforce your rights if someone uses a confusingly similar name
• Renew your trademark (every 5 years for state marks; varying deadlines for federal marks)

Pro tip: Set reminders for renewals and monitor new trademark filings regularly. A local attorney can help with both.

Final Thoughts

Trademarking your business name isn’t just a legal formality — it’s a crucial part of building and protecting your brand. In a fast-growing and competitive market like Orlando, securing your name early helps prevent costly conflicts and positions your business for growth.

Whether you start with a Florida state registration or go straight for federal protection, the most important thing is to take action before someone else does. Your name is the foundation of your brand — don’t leave it unprotected. We recommend trademark attorney orlando.