Clermont, FL asked in Trademark for Florida

Q: Name I want to use is trademarked. But what if my business has more of a social presence than the trademarked name?

I can’t even find the trademarked business online.

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3 Lawyer Answers
Bill Hulsey
PREMIUM
Answered

A: Great question. There are numerous options to consider. If you'd like to discuss them, let us know:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A Gold Standard in IP for a Competitive Entrepreneurial WorldSM

Founder, HULSEY PC: Patent Lawyers / IP Counsel

Founder, EconoVentionRED: Invention-Based Regional Economic Development

Friend and Fellow, Innovation, Creativity & Capital (IC2) Institute, The University of Texas at Austin

*CEcD (Certificate in Economic Development, In-Progress), International Economic Development Council

Member, Texas & Tennessee Bar Associations; Fellow, Texas Bar Foundation

Ambassador & Symphonic Chorus Tenor, Grammy-winning Conspirare Ensemble

Paul Harris Fellow, Rotary International (Westlake-Austin, Texas); Pres.Elect. Westlake, Tx Rotary Club

Member & Lecturer (Tech-Led Dev.), Southern Econ. Dev. Council & Texas Econ. Dev. Council

AV Pre-Eminent Judicial Edition Attorney & Platinum Client Champion, Martindale Hubbell

Best Lawyers in America and Best Law Firms in America, US News & World Report

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Top 1% Most Honored Professionals / Better Business Bureau A+ Rating—Ten Years

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Bill.Hulsey@HULSEYIPLaw.com; www.HULSEYIPLaw.com

Texas Office—(512) 478-9190; 3300 Interstate I-35 North, Suite 700, Austin, TX 78705

Tennessee Office—(901) 522-5139; 5100 Poplar Ave, Suite 2700, Memphis, TN 38137

Arkansas Office—(479) 268-7848; 900 SE 5th St, Bentonville, Arkansas, 72712

Bill Hulsey
PREMIUM
Answered

A: Both are relevant and important. Trademarks and URLs are essential aspects of branding and eCommerce.

Here's a nice article on the point: https://foundr.com/how-to-trademark-a-name-ecommerce

We file trademarks daily. If you would like to learn more about the process, let us know:

---------------------------------------------------------------------------------------------------------

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

Bill.Hulsey@HULSEYIPLaw.com; www.HULSEYIPLaw.com

Texas Office—(512) 478-9190; 3300 Interstate I-35 North, Suite 700, Austin, TX 78705

Tennessee Office—(901) 522-5139; 5100 Poplar Ave, Suite 2700, Memphis, TN 38137

Arkansas Office—(479) 268-7848; 900 SE 5th St, Bentonville, Arkansas, 72712

A Gold Standard in IP for a Competitive Entrepreneurial WorldSM

Founder, HULSEY PC: Patent Lawyers / IP Counsel

Founder, EconoVentionRED: Invention-Based Regional Economic Development

Friend and Fellow, Innovation, Creativity & Capital (IC2) Institute, The University of Texas at Austin

*CEcD (Certificate in Economic Development, In-Progress), International Economic Development Council

Member, Texas & Tennessee Bar Associations; Fellow, Texas Bar Foundation

Ambassador & Symphonic Chorus Tenor, Grammy-winning Conspirare Ensemble

Paul Harris Fellow, Rotary International (Westlake-Austin, Texas); Pres.Elect. Westlake, Tx Rotary Club

Member & Lecturer (Tech-Led Dev.), Southern Econ. Dev. Council & Texas Econ. Dev. Council

AV Pre-Eminent Judicial Edition Attorney & Platinum Client Champion, Martindale Hubbell

Best Lawyers in America and Best Law Firms in America, US News & World Report

One of Austin’s and Memphis’ Three Best Rated Patent Lawyers

Top 1% Most Honored Professionals / Better Business Bureau A+ Rating—Ten Years

US Navy Submarine Service / Nuclear Trained / Lieutenant Commander (Ret.)

A: When you say "trademarked", do you mean the mark is registered with the USPTO? If so, then it does not matter how they choose to advertise their goods/services, they generally have the protection in all 50 states. Now, if what you plan to sell are totally different kinds of goods/services, then you may b able to get protection. By way of example, the mark "Dominion" is used by 3 different businesses: an electric company, a bank, and a producer of sugar.

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