Intellectual Property

including brand protection, creative asset registration,
and agreements for ownership, licensing and content use

Protecting Your Business Identity

Your brand is more than a logo or tagline—it’s the foundation of how clients find you, trust you, and remember you. I assist business owners, entrepreneurs, and creative professionals with a range of matters—including trademark and service mark registration, copyright protection, fictitious name filings, and brand-related agreements. Whether you’re formalizing a long-standing brand or securing something new, I focus on protecting your identity, preserving your rights, and ensuring the process is efficient and practical.

IP Services

  • Guidance on whether to pursue Florida state-level registration or federal registration through the USPTO, based on your brand’s current use and geographic scope. I assist with preparing and filing state trademarks and service marks when appropriate, and provide strategic guidance on when federal protection is more beneficial for broader enforcement, visibility, and long-term brand growth.

  • Assistance with registering creative works such as content, marketing materials, websites, and educational resources with the U.S. Copyright Office. Includes support with ownership structure, work-for-hire considerations, and practical steps for documenting and protecting your content.

  • Filing of fictitious name registrations (DBAs) for businesses operating under a name other than their legal entity name. Helps ensure public registration, supports brand use in Florida, and aligns with your company’s marketing identity and legal documents.

  • Preparation of licensing agreements to allow others to use your trademarks, content, or branding materials under defined terms. Includes language to protect ownership rights, address scope of use, and clarify revocation or termination conditions when needed.

  • Assistance with reviewing potential unauthorized use of your trademark, brand assets, or copyrighted content. I help clients analyze whether infringement is likely, evaluate the strength of their rights, and determine appropriate next steps.

    If action is warranted, I prepare and send cease-and-desist letters to protect your interests while keeping the approach strategic and can refer you to a trusted colleague for litigation support should a more aggressive approach become necessary.

  • Drafting of assignment documents to formally transfer trademark, copyright, or brand assets between individuals, business entities, or successors. Also includes guidance for properly documenting initial ownership when forming new brands, joint ventures, or multiple-entity structures.

FAQs

  • A trademark protects the name, logo, slogan, or design that identifies your product. If you offer services rather than physical goods, it’s called a service mark—but the term “trademark” is commonly used for both.

    If you’re using a name or logo in your business and want to prevent others from using something similar, a trademark gives you the legal right to do so. It also adds value to your brand and can help you stop competitors from trading on your reputation.

    In Florida, you can register a trademark at the state level, which protects your rights within the state. For broader protection, a federal registration through the U.S. Patent and Trademark Office offers national enforcement rights and more tools to deal with infringement. You should consider registering a trademark if:

    • You’re using a distinctive business name, logo, or product line

    • You’re investing in marketing or brand development

    • You want exclusive rights to your brand name in your market

    We handle both Florida and federal trademark filings and can help you decide whether registration makes sense for your business.

  • A Fictitious Name, also known as a DBA (Doing Business As), is any name you use to conduct business that is different from your legal business name—or, for sole proprietors, different from your personal legal name.

    Examples:

    • If your LLC is “Smith Ventures, LLC” but you advertise as “Smith Consulting,” you must register “Smith Consulting” as a Fictitious Name.

    • If you are a sole proprietor using a trade name rather than your personal name, you must register that name.

    Legal Requirement:

    In Florida, registering a Fictitious Name is required under Chapter 865, Florida Statutes, if you conduct business under a trade name. Registration provides public notice of ownership and allows you to operate lawfully under that name.

    Importantly, failure to register a required Fictitious Name is a second-degree misdemeanor under Florida law, punishable by fines or criminal penalties.

    Key points about Fictitious Name registration:

    • It does not create a new legal entity or provide liability protection.

    • It does not grant exclusive rights to the name—trademark registration is required for name protection.

    • You may not legally enforce contracts entered into under an unregistered Fictitious Name.

    Registration process:

    • Advertising: Florida law requires a legal notice of intent to register the name in a newspaper in your county of principal office. This is a one-time requirement before filing.

    • Filing: Submit your Fictitious Name Registration electronically to the Florida Division of Corporations and pay the required fee.

    • Renewal: Registrations must be renewed every five years to remain valid.

    • Banking: Many banks will require proof of registration before allowing you to open a business account under the Fictitious Name.

    While the process is relatively straightforward, compliance is mandatory. Registering a Fictitious Name helps avoid legal complications, supports transparency, and ensures your business operates properly under Florida law.