admin A brand name is often the first legal asset a business creates, and one of the easiest to get wrong. Braslow Legal works with Florida entrepreneurs on trademark clearance and registration. Many of the problems that land on an attorney’s desk began on the day someone picked a name. Here are nine common mistakes and how to avoid them, followed by a list of law firms serving the Altamonte Springs area.
Which naming mistakes create the biggest legal problems?
The costliest mistakes involve weak names, incomplete searches, and confusion about who owns what.
- Choosing a name that describes the product. Courts rank marks on a spectrum of distinctiveness, from generic and descriptive at the weak end to suggestive, arbitrary, and fanciful at the strong end. This framework comes from the 1976 federal appeals decision in Abercrombie & Fitch v. Hunting World. “Kodak” is fanciful, meaning it’s an invented word. “Apple” for computers is arbitrary, a real word with no connection to the product. A name like “Best Plumbing” is descriptive, which makes it hard to register or enforce.
- Treating Sunbiz approval as trademark protection. When Florida’s Division of Corporations accepts an LLC name, that only means no other Florida entity has the identical name on file. Florida fictitious name registrations, which must be renewed every five years, don’t create trademark rights either.
- Searching only for exact matches. The USPTO refuses marks that are likely to be confused with existing ones based on sight, sound, and meaning. A search that skips similar spellings, translations, and related industries leaves real risk behind.
- Naming for today’s product only. Trademark registrations are tied to specific classes of goods and services, and the international system the USPTO uses has 45. If a candle company plans to add skincare later, its search should look at both markets before it commits to a name.
What timing and ownership errors should founders watch for?
Waiting too long to file and leaving ownership unclear can cost a business its priority or its name.
- Waiting until launch to file. U.S. trademark rights come from use, but an intent-to-use application under Section 1(b) of the Lanham Act lets a business claim a filing date before it starts selling. After the USPTO allows the application, the owner has six months to show use. Extensions are available in six-month increments, up to 36 months total.
- Registering the mark in the wrong name. The application should name the business entity that controls how the mark is used, not an individual founder. A founder’s personal filing can complicate investments, sales, and partner breakups.
- Assuming you own the logo your designer made. Copyright in a logo created by an independent contractor generally belongs to the designer unless there’s a written assignment. Get the transfer in writing before you file.
Can a name be legal but still risky?
Yes. Some names pass a basic search but still invite disputes or weaken the brand over time.
- Borrowing the feel of a famous brand. Owners of famous marks can bring dilution claims under the Trademark Dilution Revision Act of 2006, even when consumers aren’t confused. A coffee shop name that plays on a national chain is asking for a demand letter.
- Misusing the ® symbol. The ® symbol is only allowed after federal registration. Using it on an unregistered mark can be treated as misuse and weaken your position in a later dispute. Use ™ until the registration certificate arrives.
Which law firms serve businesses near Altamonte Springs?
These five firms work with clients across the greater Altamonte Springs area:
- Braslow Legal
- Soliman Law
- High Point Legal Group
- Lance A. Ragland
- TK Law PA
1. Braslow Legal
Braslow Legal, led by Neil D. Braslow, Esq., practices intellectual property and business law for clients in Florida and New Jersey. For entrepreneurs choosing a name, the firm handles trademark clearance, federal and intent-to-use applications, USPTO Office Action responses, and portfolio monitoring after registration. It also prepares the agreements that keep ownership clear, including copyright assignments, contractor and employment agreements, and vendor contracts. Its other practice areas include business formation, internet law, nonprofit compliance, and sports and entertainment matters. Braslow Legal offers a complimentary 30-minute consultation.
2. Soliman Law
Soliman Law is an Altamonte Springs law office serving local clients.
3. High Point Legal Group
High Point Legal Group is a Longwood law firm serving Central Florida residents.
4. Lance A. Ragland
Lance A. Ragland is an attorney based in Winter Springs serving clients in Seminole County.
5. TK Law PA
TK Law is an Altamonte Springs firm representing individuals and families.
How should an entrepreneur choose a brand name?
Pick a distinctive name, search well beyond exact matches, and secure ownership before you invest in signs, packaging, or ads. Filing an intent-to-use application early can protect your place in line while the business takes shape. A name chosen with these steps in mind is far more likely to stay yours as the company grows.
