Florida Intellectual Property

Are you looking into registering a Trademark or Service Mark, or maybe you want to patent a product or copyright your work? We've collected information to help you understand the processes involved in establishing your Intellectual Property.

Select from the options below to learn more about Intellectual Properties:

1: Get Started with Online Application Services

Online application assistance can simplify and streamline the process for many Florida business-related services, including: forming a limited liability company or a limited partnership, starting an S-Corp or a C-Corp or registering intellectual property and nonprofit organizations. In addition to the free forms and general instructions available from different business organizations, you will receive a comprehensive License Checklist & Forms Packet specific to your needs, fast answers to tough questions and prompt service from a friendly staff.

2: Via your state department

If you prefer to access additional material on Florida business services, visit a state-specific online resource for extra support regarding future business ventures.



What is Intellectual Property?

Collectively, they include Trademarks, Service Marks, Patents and Copyrights. Learn more about registering your Intellectual Properties by clicking visiting http://www.uspto.gov/main/patents.htm, or http://www.copyright.gov/.

Advantages to registering a Trademark or Service Mark

Registering trademarks and service marks help protect the integrity and ownership of various goods and services. Some of the advantages include ownership over your brand, creating confidence in a brand and creating confidence in investors. (You can get the full descriptions and definitions of these advantages by downloading the Intellectual Property License Checklist & Forms Packet.)

Differences between the Intellectual Properties- Trademark & Service Mark

A trademark is a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol and/or design that identifies and distinguishes the source of a service rather than goods. The term trademark is often used to refer to both trademarks and service marks.

Must all marks be registered?

The answer is no, but federal registration has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

Patent and Copyright

A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.

A copyright protects works of authorship, such as writings, music and works of art that have been tangibly expressed.

The Trademark Operation of the United States Patent and Trademark Office (USPTO) handles trademarks only. For information on patents, visit Patents at, http://www.uspto.gov/main/patents.htm or contact 800-786-9199. For information on copyrights, please contact the U.S. Copyright Office at: http://www.copyright.gov/ (a division of the Library of Congress).

Additional definitions for Patent, Copyrights, Certification Mark, Collective Membership Mark and Collective Mark

Many people are unsure of the difference between trademarks and service marks. However, things get even more complicated when the difference between these two items and how they relate to patents, copyrights, certification marks, collective membership marks and collective marks is debated. To find out more information, download the Intellectual Property License Checklist & Forms Packet. It will give you specific definitions, along with notations and more regarding these other five key areas related to the Patent and Trademark Office in the United States.




Frequently Asked Questions About Trademarks, Service Marks, Patents and Copyright Processes

  1. What is a Registered Trademark (™) or a Registered Service Mark?
  2. A Registered Trademark () is basically a phrase, word, design, symbol (or even any of those combined) that helps to identify a particular brand of goods from other brands of goods. A Registered Service Mark (?) is, in essence, the same thing, but it refers to services, rather than goods.

  3. Should I have an attorney involved when registering a Trademark or Service Mark?
  4. Consider hiring a Trademark attorney. When registering a Trademark or Service Mark, it is good practice to consult an attorney if you can. Not all applications for Trademarks are able to go on to the final Trademark registration process, so hiring an attorney will increase your chances of having your Trademark or Service Mark accepted. The Intellectual Property License Checklist & Forms Packet can provide a plethora of information and with the two combined, and the assistance of a knowledgeable attorney, registering a Trademark or Service Mark will be a painless process.

  5. Are there disadvantages to registering a Trademark or Service Mark?
  6. At this point, we now know that Trademarks and Service Marks help protect the integrity and ownership of various goods and services. Below are some of the disadvantages of filing for a Trademark or Service Mark: (you can get the full descriptions and definitions of these disadvantages by downloading the Intellectual Property License Checklist & Forms Packet)

    • The process is long really long
    • The process is expensive
    • You must renew it every 10 years
  7. Can you file or register for a Trademark or Service Mark online?
  8. The answer is yes. Just go to http://www.uspto.gov/trademarks/teas/index.jsp. It's called the Trademark Electronic Application System, also known as (TEAS).

  9. What type of intellectual property is a Patent?
  10. A patent is an intellectual property right granted by the Government of the United States of America to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States, or importing the invention into the United States" for a limited time in exchange for public disclosure of the invention when the patent is granted.

  11. How many types of Patents are there?
  12. There are 3 types of patents. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. To view the different types of patents, visit: http://www.uspto.gov/patents/resources/types/index.jsp.

To learn more, download the new Business License Checklist & Forms Packet to assist you with the Florida Intellectual Property process, as well as offer you helpful information on popular Intellectual Property topics.

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