If you are doing business in Florida, you may have ideas you want to protect under FL intellectual property law. This protection allows you to reap the full benefits of your concepts and prevents others from unfairly using them.

“Intellectual property," or IP, refers to ideas that are owned by you as an individual or as a company. Although your IP is protected under Florida IP Law from the moment you create it, register your IP to create an official record of your ideas and more easily protect them should a conflict ever arise.

The 3 major forms of IP under Florida intellectual property law are:

1. Trademark, for trade names or logos.

2. Copyright, for artistic works such as published work.

3. Patent, for unique inventions under Florida patent law.

Action Steps
The best contacts and resources to help you get it done

Choose the best protection under intellectual property law in Florida

To protect your IP, first decide what type it is. Trademarks refer to a name, phrase, or logo that identifies your business. It can include words only, a particular look or font or even a color scheme. A copyright protects the specific form in which your ideas are recorded and is used to protect literary and artistic works. Finally, patents protect your inventions and are used for physical devices or abstract concepts, such as computer software algorithms or business methods.

I recommend: Start with the Intellectual Property Center of FindLaw, which outlines the basics of intellectual property and offers a wide menu of topics to help you begin to register your intellectual property in Florida. The Intellectual Property Resource Center of Netpreneur is also an excellent resource for your initial research. Review the helpful information at the United States Patent and Trademark Office or the United States Copyright Office.

Register your intellectual property under Florida intellectual property law to protect your business

It is essential for your small business to patent your ideas or register your trademarks or copyrights. This allows your small business to access the full power of the courts in protecting your valuable assets. Although patents and copyright are registered federally, you may register your trademark both in Maryland and federally.

I recommend: Check the Trademark Electronic Search System to ensure your proposed trademark is not already registered federally, then register online through the Trademark Electronic Application System. To search the Florida database of registered trademarks, go to the Florida Department of State Division of Corporations, where you can also register your trademark online.

Let a lawyer guide you through FL intellectual property law

You may want to consult with Florida intellectual patent attorneys for advice about patent law in Florida. Florida patent law, including Florida escrow laws, has nuances that are often best left to intellectual property law firms in Florida who are familiar with filing your type of technology.

I recommend: To find Florida intellectual property attorneys, visit Lawyers.com. IntellectualProperty LawFirms has specific information about intellectual property law in Florida, or visit Florida Trademark.com. Read the applicable law at Online Sunshine.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Rights to a trademark or trade name in Florida are not perfected only with registration; you must also be the first to use the mark or name in commerce.
• •  Show 3 different actual uses of your mark or name when you register for Florida intellectual property rights.