What is a trademark?
A trademark is a designation, such as a word, slogan, or symbol used to identify and distinguish goods or services. When referring to services, such marks are often called "service marks." On the other hand, a corporate name (also known as a trade name) is simply the name of a business as registered with the Secretary of State at the time of incorporation. Such registration does not provide any trademark/service mark rights whatsoever.

How are trademark rights acquired?
In the United States, unlike many foreign countries, trademark rights may stem from use of the mark, even without registration. However, federal registration provides a number of evidentiary and substantive advantages, including constructive notice of your ownership, nationwide rights, certain statutory remedies and priority rights under certain conventions for foreign filing.
What do you need to apply for federal registration?

To qualify for federal registration, the mark must meet the following requirements:

(1) The mark cannot resemble a mark already in use, and thereby cause confusion among consumers.

(2) The mark must also be distinctive as applied to the products or services and cannot merely describe the products or services, cannot be primarily geographically descriptive or primarily merely a surname.

(3) The mark must be actually in use on the goods or services and must have been used in interstate commerce (use-based application) or the applicant must have a bona fide intent to use the mark (intent-to-use application) followed by actual use prior to registration. Use in interstate commerce includes, for example, shipping the product with a label bearing the mark or by offering the services in more than one state.

What do you need for a State of Florida registration?
A State of Florida registration may be obtained if the mark meets the same requirements set forth in numbered paragraphs 1-2 for federal registration and the mark is in use within Florida.

Why should you conduct a trademark search?
A trademark search for a mark is advisable to determine whether the mark conflicts with an existing mark. The U.S. Patent & Trademark Office will reject an application to register a mark if consumers are likely to confuse your mark with a mark already registered. A search is therefore recommended to avoid infringement of prior marks, to avoid the expense of application fees when rejection appears likely, and to avoid spending advertising resources on a mark which you may ultimately be forced to cease using based on a third party's prior rights.

How much does a trademark search cost?
The attorney’s fee for a preliminary on-line screening search of the Federal Trademark Office records, including registered and pending marks, to determine whether another mark exists which is identical to a proposed mark is about $250 per mark. This is a very useful screening tool, especially if you have a number of proposed marks. If the preliminary screening search does not uncover any conflicting marks, you may wish to consider commissioning a more comprehensive search, including federal and state registered marks and many common-law sources (e.g., trade journals, phone directories, product registers, Internet domain name registers) to determine if any prior users exist who may have superior rights based on common-law. The comprehensive search also includes variations of your mark, such as spelling and phonetic equivalents, which are not included in an on-line screening search. The cost is about $725 per mark to commission such a comprehensive search and provide you with the research report generated by the search organization. If you wish an attorney to review the report and provide you with a legal opinion regarding the registrability of your mark, an additional charge of between $400 - $800 will be incurred. Graphic design searches can also be conducted.

How much does it cost to initially apply for a federal registration?
Typically, the attorney fee for preparing and filing an application for federal trademark registration will be about $450 per mark for one class of goods/services not including the $325 government filing fee per class of goods or services.

How much does it cost to apply for a State of Florida registration?
The cost for preparing and filing an application for registration in Florida is approximately $300 not including the $87.50 government filing fee. The processing time is generally one to two weeks provided no rejections are issued.

What typical costs are involved after filing?
Additional fees will be involved if the Trademark Examiner raises any points or rejections in an Office Action requiring a response. Typically, the fees for preparing a response to a substantive rejection based on likelihood of confusion or descriptiveness are about $400 - $1000. Moreover, additional costs and fees are involved in filing the necessary specimens of use for an intent-to-use application, which are generally about $400 for a single class of goods/services.

How long does it take to receive a federal registration?
The time period for registration usually takes from eight months to over a year provided no objections or rejections are raised by the Examining Attorney and the necessary specimens of use are timely filed.

How long do trademark rights last?
Provided a trademark is used properly, rights may last forever. Registrations for trademarks must be renewed every 10 years and a declaration of continued use must be filed between the 5th and 6th year after registration.