The Law Office of John R. Nelson, P.A. is a Florida-based trademark law practice serving business owners, startups, and brand owners throughout Florida and across the United States. Based in New Smyrna Beach and serving clients in Daytona Beach, Orlando, and throughout the state, we specialize in federal trademark registration with the USPTO.
We understand that securing a strong trademark is crucial for establishing and protecting your brand identity. Our mission is to provide clear, affordable legal solutions to businesses of all sizes. Whether you're launching a new product, expanding your brand, or need to respond to a USPTO office action, we're here to guide you through every step of the trademark registration process. Start your Florida trademark application today and protect your valuable brand.
The federal trademark registration process involves filing your application with the USPTO, responding to any office actions from the examining attorney, and paying the registration fees. As your Florida trademark attorney, we handle all aspects of this process.
A federal trademark registration can last forever as long as you continue to use the mark in commerce and file the required maintenance documents. You must renew your trademark every ten years, and file a Declaration of Use between the 5th and 6th year after registration.
Yes, trademark maintenance is critical. First, you must continue using the trademark in commerce. Second, you must file a Declaration of Use between the 5th and 6th year after registration. Then, between the 9th and 10th years (and every 10 years thereafter), you must file a combined Declaration of Use and Application for Renewal. Our Florida trademark law office can help you stay on top of these deadlines.
Absolutely! Federal trademark registration is based on actual use in commerce, so your existing use gives you a strong foundation for registration. In fact, having a history of use can strengthen your application. A Florida trademark attorney can help you document your use and file a trademark application based on your actual use in commerce.
Our Florida trademark attorney provides comprehensive trademark services from initial clearance searches through federal registration and enforcement. We handle all aspects of your USPTO trademark application and ongoing brand protection needs.
We conduct thorough searches of USPTO records, state registrations, and common law uses to identify potential conflicts before you invest in your brand
Complete preparation and filing of your federal trademark application, including proper identification of goods/services and specimens of use
Expert legal responses to trademark office actions, including overcoming refusals based on likelihood of confusion, descriptiveness, and specimen issues
Ongoing trademark monitoring for potential infringers, cease-and-desist letter drafting, and negotiations to protect your registered trademark
Read reviews from businesses we've helped protect their trademarks
The Law Office of John R. Nelson, P.A. focuses on intellectual property law, with particular emphasis on federal trademark registration and brand protection. As a registered patent and trademark attorney, John helps Florida businesses and entrepreneurs protect and enforce their intellectual property rights by guiding them through the USPTO trademark application process, conducting comprehensive clearance searches, drafting legal documents, and representing clients in trademark prosecution and enforcement matters.
Member of the Florida Bar, experienced in federal trademark registration and brand protection
Transparent flat-fee pricing for trademark registration. No hourly billing. No surprise charges. Just one predictable fee to get your trademark filed with the USPTO.
Includes USPTO filing fee for one class ($350 value)
No hourly billing. No surprise charges. Just one all-inclusive fee to get your trademark filed and protected.
Office action responses are quoted on a case-by-case basis depending on the complexity of the issues raised by the USPTO examiner.
Additional Classes: Need to protect your trademark in more than one class of goods/services? Additional classes are $350 each (the USPTO filing fee). Schedule your consultation to discuss your specific needs.
In order to obtain a federal trademark registration with the USPTO, you need to understand these key requirements and work with an experienced Florida trademark attorney who can guide you through the process.
Your trademark must be unique and distinctive in the marketplace. The USPTO will refuse registration if your mark is merely descriptive of your goods or services, or if it's too similar to an existing registered trademark. Strong trademarks are suggestive, arbitrary, or fanciful. Generic terms cannot be registered as trademarks. A Florida trademark attorney can help you evaluate whether your proposed mark is distinctive enough for federal registration.
To register a trademark based on actual use, you must actually use the trademark in commerce to identify and distinguish your goods or services. For goods, this means the mark must appear on the product, packaging, or labels. For services, the mark must be used in the sale or advertising of your services. Simply having an intention to use the mark, or using it only internally, does not qualify. You can also file an Intent-to-Use application if you have a bona fide intent to use the mark in the future.
A specimen is evidence that shows how you actually use your trademark in commerce. For goods, acceptable specimens include photographs of the product with the mark, labels, tags, or packaging showing the mark. For services, specimens can include website screenshots, advertisements, brochures, or signage showing the mark used in connection with the services. The specimen must show the mark as it actually appears in use, not just as a logo on a white background. Many trademark applications receive office actions due to improper specimens, so working with a Florida trademark attorney can help ensure you submit appropriate specimens from the start.
The USPTO trademark registration process typically takes 8-12 months from filing to registration, assuming no office actions or oppositions. After filing, you'll receive a filing receipt within a few days. An examining attorney will review your application within 3-4 months. If the examining attorney issues an office action, you have six months to respond. After approval, the mark is published for opposition for 30 days. If no oppositions are filed, your trademark will be registered. Having an experienced Florida trademark lawyer handle your application can help avoid delays and office actions.
While you can file a trademark application yourself, working with a Florida trademark attorney significantly increases your chances of success. An attorney can conduct a comprehensive clearance search to identify potential conflicts before you file, properly classify your goods and services to ensure appropriate protection, prepare specimens that meet USPTO requirements, and respond effectively to office actions. Many self-filed applications are abandoned due to procedural errors, improper specimens, or failure to respond adequately to office actions. The USPTO reports that applications filed by attorneys have a significantly higher registration rate than pro se applications. Our flat-fee pricing makes professional trademark legal services affordable for businesses of all sizes.
Have questions about trademark registration in Florida? Send us a message using the contact form below. Please note that submitting this form does not create an attorney-client relationship. To begin the trademark application process, please use our trademark intake form.
318 Palmetto Street, New Smyrna Beach, FL 32168
john.nelson@lawofficejrn.com
+1 386-256-8537