How to check if someone has trademark a name in Florida?

To check if a name is trademarked in Florida, follow these steps:

1. Search the Florida Department of State Database

State trademarks in Florida are kept by the Division of Corporations (Sunbiz) of the Florida Department of State. You may search using the Sunbiz site. The database includes state-level trademarks, business names, and fictitious names.

To search, type the sought name in the "Trademark Name" box. If the name shows up there, it means it is already registered at the state level. Nonetheless, Florida state trademarks are not national protection ones, so also look at federal trademarks.

2. Search the United States Patent and Trademark Office (USPTO) Database

A federal trademark is protected across the country and is registered with the USPTO. To see if a name is federally trademarked, search the Trademark Electronic Search System (TESS) on the USPTO website.

• If the name appears in TESS, verify the status, owner, and classification of the trademark.
• A LIVE status indicates that the trademark is active, while a DEAD status indicates that it might be available for use.
• Ensure the trademarked name does not conflict with your intended use to avoid possible infringement.

3. Search for Common Law Trademarks

Even if a name is not registered, it may be trademarked under common law if used in business. To search for common law use:

• Perform a Google search to see if businesses are already utilizing the name.
• Look for business social media pages by the name.
• Verify directories like Yelp and Yellow Pages.

4. Consult a Trademark Attorney or Specialist

When you find there are conflicting interests or want to register a trademark, it is best to consult a trademark attorney. They can conduct a thorough search for trademarks, evaluate risk, and assist with registration.

In doing so, you are able to verify the availability of a name in order to minimize legal exposure. In case you need professional assistance with trademark registration, One IBC USA provides professional guidance to protect your business and brand interests.