Your business name, logo, and slogan are more than just creative choices—they’re powerful tools that set your brand apart and help customers recognize and trust your company. In a thriving market like Orlando, protecting these elements is essential to maintaining your brand identity and preventing copycats from capitalizing on your hard work.
One of the most effective ways to safeguard your brand is by registering a trademark. But how do you go about trademarking a name, logo, or slogan? Here’s a step-by-step guide specifically tailored to Orlando business owners who want to secure their brand and grow with confidence.
What Is a Trademark?
A trademark is a word, phrase, symbol, or design (or a combination) that identifies and distinguishes your goods or services from those of others. In everyday terms:
- Your business name is often your most visible trademark.
- Your logo is a visual symbol of your brand.
- Your slogan is a short phrase or tagline that communicates your brand message.
All three can be protected under trademark law if they are distinctive and used in commerce.
Step 1: Decide What You Want to Trademark
You can trademark any or all of the following:
- A word mark (e.g., your business or product name, like “Orlando Organics”)
- A design mark (e.g., your company logo or icon)
- A slogan (e.g., “Fresh From Florida to Your Table”)
You’ll need to file separate applications for each if you want individual protection. This allows you to enforce your rights even if someone copies just your name or your logo independently.
Step 2: Conduct a Trademark Search
Before filing, it’s critical to make sure your name, slogan, or logo isn’t already in use or registered by someone else. A trademark search helps avoid costly legal disputes and wasted branding efforts.
Search the following:
- The USPTO trademark database (TESS)
- The Florida Division of Corporations
- Social media handles
- Domain name registries
- Common law sources (local use that’s not registered but still protected)
Because many trademarks can be rejected for being too similar to existing marks, a professional search conducted by a trademark attorney can provide a more thorough risk assessment.
Step 3: Identify the Correct Trademark Class
Trademarks are registered according to International Classes that categorize goods and services. For example:
- A bakery would fall under Class 30 (baked goods)
- A clothing brand would fall under Class 25
- A marketing agency would fall under Class 35
You must choose the correct class (or multiple classes) when filing your application. Filing in the wrong class could result in rejection or leave you unprotected in your actual business category.
Step 4: Prepare Your Application
Once you’ve completed your search and selected the right class, it’s time to file with the United States Patent and Trademark Office (USPTO).
Your application must include:
- The owner’s name and business details
- The mark (name, logo, or slogan) you’re registering
- A clear description of the goods/services
- A specimen (proof of use in commerce—such as a product label, website, or marketing material)
- Filing fee (typically $250–$350 per class)
If you haven’t started using the mark yet but intend to do so soon, you can file based on “intent to use” and submit proof later.
Step 5: Respond to Office Actions (If Necessary)
After submission, the USPTO will assign your application to an examining attorney. If there are any problems—such as conflicts with existing trademarks or issues with your specimen—you’ll receive an Office Action.
You typically have six months to respond. A trademark attorney can help you draft a strong response and keep your application on track.
Step 6: Monitor the Publication and Registration Process
If the USPTO approves your mark, it will be published in the Official Gazette for 30 days. This gives other parties the opportunity to oppose the registration if they believe it conflicts with their own mark.
If no one objects (or any objections are resolved), your trademark will proceed to full registration.
- If you filed as “in use,” you’ll receive your certificate shortly after.
- If you filed as “intent to use,” you’ll need to submit a Statement of Use before receiving registration.
Step 7: Use and Maintain Your Trademark
Once registered, you can use the ® symbol with your mark. But you’ll also need to maintain it by:
- Filing a Declaration of Continued Use between the 5th and 6th year
- Renewing every 10 years
- Monitoring the market for infringement
Trademarks are valuable assets—but they require active use and enforcement to remain protected.
Why It Matters for Orlando Businesses
Orlando’s diverse and competitive business environment—from hospitality and tourism to tech and retail—means your brand needs strong protection. A registered trademark helps you:
- Prevent competitors from copying your identity
- Strengthen your legal rights if someone infringes
- Build brand value and trust with customers
- Position yourself for future expansion, licensing, or franchising
Final Thoughts
Trademarking your business name, logo, or slogan isn’t just a legal step—it’s a smart investment in your brand’s future. If you’re based in Orlando and want to protect your identity, filing a trademark gives you peace of mind and a strong foundation to grow.
Not sure where to start? A trademark attorney can help you navigate the process, avoid pitfalls, and ensure your brand stays exclusively yours. We recommend trademark attorney orlando.
