Replies to This Discussion

Permalink Reply by felicia medlock blair on March 7, 2012 at 12:03pm

Register it with the state under the fictious name dept. Did not spell that right. Get it registered with a domain name if you plan to have a website[so no one can take it] and you could also trademark it, but I have never found that necessary.

If you have it registered with the state of FL fictious name dept no one can use it. Hope this helps

Permalink Reply by Margo on March 7, 2012 at 5:30pm

Thank you for the help.

 

Permalink Reply by Susan Ferguson on March 9, 2012 at 5:43am

Go to Sunbiz.org that is where you register a name. It tells you what you need to do.  Technically you do not own the name but people don't usually duplicate word for word. There are three others in Florida with the same name that I have. Dont know what they do as I have not looked it up.

Permalink Reply by Susan Ferguson on April 15, 2012 at 5:52am

Not to contradict you but registering a fictitious name with the state of FL does not keep it from being used.  There are at least 4 other businesses with the same name that I have registered as well as variations of it.  Getting a domain name for your website will keep that domain name from being taken but that would be web address only.  Incorporating will keep it from being used but only the exact corporate name.  Variations can be done.  You can search all names that are registered at Sunbiz.org the site also explains if and how you can protect your name.

Permalink Reply by Terra Dolce on May 21, 2012 at 6:58am

If you really want to protect the exclusivity of a tradename, you have to file a trademark application with the US Patent and Trademark Office at www.uspto.gov.  The cost is $275 to process directly via the government w/o and attorney and can take 6-12 months if they don't raise any issues.  I would suggest a trademark attorney run a preliminary search on your requested name.  The process is worth it if you feel your tradename is unique and part of your branding, especially in consideration of directions in which you might wish to take your business in the future.  However, you should now that you are limited by filing for a specific class for the tradename. 

 

Just to explain.  Filing a fictitious name with the state of florida just allows you to list your business in a different manner.  For example, my business name is Estheticians Garden, LLC but we d/b/a (doing business as) Terra Dolce.  We hold this registration for class 003 with the patent and trademark office, along with various other names for products my wife and I create.

 

In my opinion, you might not need to trademark your name.  You can always list the "TM" by your name but not the "R" (with the circle around it) unless it is registered.  Also, write the name and business description on a piece of paper, along with the date, etc.  and mail it to yourself in a sealed envelope and keep it that way.  This is a cheap and effcient way of saying "i had it first!"