Florida State Trademark Registration
For a restaurant, salon, contractor, or retailer whose customers are in Florida, a state registration with the Florida Division of Corporations is fast, inexpensive, and backed by strong statutory remedies, including recovery of attorney's fees. For brands that sell across state lines or online, it works best alongside a federal registration. We help Florida businesses decide which they need, and file both.
A Florida registration, and who it suits
A Florida trademark or service mark registration is issued by the Florida Department of State, Division of Corporations, under Chapter 495 of the Florida Statutes. It records your claim to a mark already in use in Florida and gives you the statutory remedies in Chapter 495 against infringers and diluters inside the state.
It suits businesses whose customers are in Florida and that have no near-term plans to sell across state lines or nationally online: a Miami restaurant group, a Tampa home-services company, a Brickell salon. It also serves as a fast first step for a brand whose federal application is pending, since a Florida certificate can issue within days while the USPTO takes about ten months.
When a Florida registration is not enough
- You sell online to customers outside Florida, or plan to expand to other states
- You want Amazon Brand Registry or U.S. Customs recordation, both of which require a federal registration
- You need protection before launch: Florida has no intent-to-use filing
- You plan to file abroad through the Madrid Protocol, which needs a U.S. federal filing as its base
Trademark, fictitious name, or LLC name?
Florida businesses often confuse three filings made with the same Division of Corporations. Only one of them is a trademark.
Florida trademark
Protects a brand name, logo, or slogan used to sell goods or services. Gives the owner the right to sue infringers under Chapter 495.
Fictitious name
Registers a name you do business under that is not your legal name, under § 865.09. It creates no trademark rights. See Florida Fictitious Names (DBA).
LLC or corporate name
Reserves the entity's legal name on the state's business records. It prevents another entity from registering the same name, but creates no trademark rights.
Two registration processes, side by side
Florida's process is short because it is narrow: no examination against the federal register, no publication for opposition, and no intent-to-use option. The USPTO's process takes longer and covers the whole country.
Florida · Chapter 495
≈ 1–3 weeks total- Use the mark in FloridaBefore filing
Sales or services must already be under way in Florida. Advertising future goods does not count.
- Prepare and notarize the application1 day
Dates of first use anywhere and in Florida, goods or services and classes, three specimens per class.
- File with the Division of CorporationsMail or courier
$87.50 per class, sent to Tallahassee.
- Division review2–5 business days
Checked against marks on the Florida register only. Geographic and common words must be disclaimed.
- Publication and oppositionNone
Florida has no opposition period.
- Certificate issues5-year term
Renew within the six months before expiration.
Federal · USPTO
≈ 10–12 months total- Use, or intend to use, in interstate commerceBefore filing
Intent-to-use filings lock in a nationwide priority date before launch.
- Prepare the application1–2 weeks with search
Owner, mark, goods and services, classes, filing basis, one specimen per class if in use.
- File electronicallyFiling day
$350 per class, plus surcharges for free-form wording.
- Examination≈4.5 months to first action
Checked against every federal registration and application, for descriptiveness and for wording.
- Publication and opposition30 days
Any business that believes it would be harmed can oppose.
- Registration certificate10-year term
Declaration of use at years 5–6; renewal every 10 years.
| Florida registrationChapter 495, Florida Statutes | Federal registrationLanham Act, 15 U.S.C. § 1051 et seq. | |
|---|---|---|
| Where it protects | Florida only | All 50 states and U.S. territories |
| Filed with | Florida Division of Corporations, Tallahassee | U.S. Patent and Trademark Office |
| Government fee | $87.50 per class | $350 per class (base) |
| Typical time to certificate | 2–5 business days of review, plus mailing | About 10 to 12 months without refusals |
| Use required before filing | Yes, in Florida | No; intent-to-use is allowed |
| Searched against | Florida registrations only | All federal registrations and pending applications |
| Opposition period | None | 30 days after publication |
| Term | 5 years, renewable | 10 years, renewable |
| ® symbol | Not available; use ™ or ℠ | Available once registered |
| Attorney's fees | To the prevailing party, as the circumstances warrant (§ 495.141) | Only in "exceptional cases" (15 U.S.C. § 1117(a)) |
| Amazon Brand Registry | Not eligible | Eligible, including pending applications |
| U.S. Customs recordation | Not eligible | Eligible (Principal Register) |
| Basis for Madrid filings abroad | No | Yes |
◆ marks rows where the two differ. Many Florida businesses hold both: a Florida registration for fast, local enforcement, and a federal one for national scope.
Days instead of months
Florida's speed matters when a business needs a registration now: to answer a copycat that just opened nearby, to support a cease-and-desist letter, or to show a landlord, franchisee, or investor a registered mark while a federal application works through the USPTO.
Time to a registration decision, in calendar days
Florida: the Division of Corporations' stated 2–5 business days of review, shown as up to 7 calendar days. USPTO: first action averaged 4.45 months and final disposal 10.03 months in the first half of FY 2026; FY 2025 figures were 5.6 and 11.7 months. Sources: Florida Division of Corporations; USPTO.2, 7
What Chapter 495 gives a Florida registrant
A Florida registration is more than a certificate. It unlocks remedies in Florida courts that common-law rights alone do not, and Florida's fee-shifting rule is more flexible than federal law's.
Attorney's fees to the prevailing party
A Florida court may award reasonable attorney's fees to the prevailing party "according to the circumstances of the case." Federal law limits fee awards to "exceptional cases." The Florida rule cuts both ways, so a weak claim can expose the registrant to the defendant's fees.
§ 495.141(1), Fla. Stat. · compare 15 U.S.C. § 1117(a)Profits, damages, and up to triple damages
A registrant can recover the infringer's profits and its own damages. The court may enter judgment for up to three times actual damages, and may adjust a profits award it finds inadequate or excessive.
§ 495.141(1), Fla. Stat.Injunctions and destruction of counterfeits
Courts may enjoin the manufacture, use, display, or sale of counterfeits and imitations, and order infringing goods delivered up for destruction.
§§ 495.131, 495.141, Fla. Stat.Dilution protection for marks famous in Florida
The owner of a mark famous in Florida can stop later uses that dilute it, even without confusion. If the use is willful and the mark is registered in Florida, all Chapter 495 remedies become available.
§ 495.151, Fla. Stat. · see Florida DilutionA record that supports every other Florida claim
A registration is evidence of your claim and dates of use, and it sits alongside Florida common-law rights, which Chapter 495 preserves. Florida brand owners often pair Chapter 495 claims with the Florida Deceptive and Unfair Trade Practices Act and federal unfair-competition claims.
§ 495.161, Fla. Stat. · see Florida Registration Infringement (Ch. 495) · FDUTPAFlorida fees, compared with New York, Texas, and California
State filing fees are modest everywhere. The bigger differences are the length of the term, how often you renew, and how each state's statute handles attorney's fees.
Florida
Ch. 495- Renewal
- $87.50 / class
- Term
- 5 years
- Assignment
- $50 / class
- Filing
- Mail or courier
- Review
- 2–5 business days
Attorney's fees to the prevailing party as circumstances warrant; up to 3× damages.
New York
GBL Art. 24- Renewal
- $50 / class
- Term
- 10 years
- Specimens
- 3
- Filing
- Review
- Not published
Up to 3× profits and damages and/or attorney's fees where the infringer acted with knowledge or in bad faith, or as circumstances warrant.
Texas
Bus. & Com. Code ch. 16- Renewal
- $25 / class
- Term
- 5 years
- Assignment
- $25
- Filing
- Online
- Searched against
- Incl. federal marks
Enhanced damages and attorney's fees where the infringer acted with knowledge or in bad faith.
California
Bus. & Prof. Code § 14200- Renewal
- $30 / class
- Term
- 5 years
- Assignment
- $30
- Filing
- Online (bizfile)
- Penalty
- Up to $10,000 for false statements
Up to 3× profits and damages against counterfeiters; § 14250 has no general fee award for registrants.
Government fees to keep one class registered for ten years
Initial filing plus the renewals needed to reach year ten. The federal figure includes the Section 8 declaration due at years 5–6.
View data table
| Jurisdiction | Filing | Renewals in first 10 years | 10-year total |
|---|---|---|---|
| New York | $50 | None (10-year term) | $50 |
| Texas | $50 | $25 at year 5 | $75 |
| California | $70 | $30 at year 5 | $100 |
| Florida | $87.50 | $87.50 at year 5 | $175 |
| Federal (USPTO) | $350 | $325 Section 8 at years 5–6 | $675 |
Sources: § 495.191, Fla. Stat.; New York Department of State; 1 Tex. Admin. Code § 93.151; Cal. Gov. Code § 12193; USPTO fee schedule.1, 3–6 Government fees only; attorney fees and search costs are separate. Each state registration protects only in that state.
What a Florida application must include
Owner and use
- Use in FloridaRequired
Goods sold or services rendered in Florida under the mark before filing.
- Owner's detailsRequired
Legal name, business address, and state of organization for an entity.
- Dates of first useRequired
Both the first use anywhere and the first use in Florida.
Goods, services, specimens
- Goods or services and classesRequired
Described and classified under § 495.111; $87.50 for each class.
- Three specimens per classRequired
Labels, tags, or packaging for goods; brochures, ads, or business cards for services. Letterhead and invoices are not accepted.
- DisclaimersIf needed
Geographic terms, common words, and corporate suffixes must be disclaimed.
Signature and delivery
- Verified and notarizedRequired
Signed by the owner or an authorized officer; in-person or online notarization.
- Filed with the DivisionRequired
Mail to P.O. Box 6327, Tallahassee, or courier to 2415 N. Monroe Street.
- RenewalEvery 5 years
Filed within the six months before the registration expires; $87.50 per class.
Top five mistakes in Florida trademark applications
Florida's process is quick, which makes it easy to file without the preparation a federal filing forces. These are the errors we see most often.
Filing before the mark is used in Florida
Florida has no intent-to-use option. Applications for brands that are only planned, or that rely on advertising for future goods, are denied, and incorrect first-use dates undermine the registration if it is ever challenged.
Use requirement · § 495.031File in Florida once sales or services have begun, and document the first-use dates. Before launch, use a federal intent-to-use application to secure priority.
Treating a Florida certificate as clearance
The Division checks only the Florida register. It does not search federal registrations, other states, or unregistered businesses already using the name. A Florida certificate does not stop an earlier federal registrant or prior user from forcing a rebrand.
Prior rights · likelihood of confusionRun a full clearance search, federal, state, and common-law, before filing anywhere. A registration is only as good as the priority behind it.
Confusing a trademark with a fictitious name or LLC
Many owners believe their Sunbiz LLC or DBA filing protects their brand and never file a trademark. Others register a trademark in a name that does not match the entity actually using the mark, or one that does not match the specimens.
Ownership · specimen mismatchFile the trademark in the name of the entity that uses the mark, and make sure the mark on the specimens matches the application exactly.
Paperwork errors that send the application back
Wrong fees for multiple classes, fewer than three specimens per class, letterhead or invoices offered as specimens, a missing notarization, or undisclaimed geographic terms like "Miami" or "Florida" all lead to denial and delay.
Denial · resubmissionUse the current Division form, calculate $87.50 for every class, include three proper specimens per class, and disclaim geographic and common words up front.
Missing the five-year renewal, or suing without weighing fee exposure
Florida registrations expire after five years unless renewed in the six months before expiration. And because Florida awards fees to the prevailing party, a registrant who sues on a weak claim may end up paying the defendant's attorney's fees.
Expiration · § 495.141 feesDocket every renewal date. Before suing, have the infringement and priority evaluated so Florida's fee rule works for you rather than against you.
Frequently asked questions
Do I need a Florida trademark if I have a federal registration?
Not always. A federal registration already covers Florida. Some owners add a Florida registration for its prevailing-party fee rule and fast issuance, especially while a federal application is pending.
How long does a Florida registration take?
The Division of Corporations states that applications are typically processed within two to five business days of receipt, longer in peak periods. Mailing time is extra.
Can I register a mark I have not started using?
No. Florida requires use in Florida before filing. For a mark you have not launched, a federal intent-to-use application secures your priority date.
Can I use the ® symbol with a Florida registration?
No. The ® symbol is reserved for federal registrations. Use ™ for goods or ℠ for services.
Does a Florida trademark work for Amazon Brand Registry?
No. Amazon Brand Registry accepts registrations and pending applications from national and regional trademark offices such as the USPTO, not state registrations. See Amazon Brand Registry.
How long does a Florida registration last?
Five years from registration, renewable for successive five-year terms. The renewal must be filed within the six months before expiration.
Is my Sunbiz LLC or fictitious name a trademark?
No. Entity names and fictitious names let you do business under a name. Only a trademark registration, or actual use, creates trademark rights.
Find out whether a Florida or federal trademark fits your business
Tell us your mark, what you sell, and where your customers are. We will run a clearance search and recommend a Florida registration, a federal registration, or both.
- Clearance searches covering federal, state, and common-law uses
- Florida applications, renewals, and assignments
- Federal applications filed alongside your Florida registration
- Enforcement under Chapter 495, FDUTPA, and the Lanham Act