Florida Trademark vs. Federal Registration

Last updated: November 2026

One of the most common questions we hear from Florida business owners is whether a Florida trademark registration is enough, or whether they need to file with the United States Patent and Trademark Office. The short answer is that a Florida registration protects you in Florida, and a federal registration protects you nationwide.

Which one makes sense depends on where you sell today and where you plan to sell tomorrow. Below is how each one works, what each one costs, and how we help clients decide.

What a Florida trademark registration does

Florida registers trademarks and service marks through the Florida Department of State, Division of Corporations. The state filing fee is $87.50 per class. A few things to know before you file:

1. Your mark must already be in use in Florida. There is no intent-to-use option, and advertising goods or services you do not yet offer does not count as use.

2. You submit three specimens per class showing the mark in use. For products, that means labels, tags, or packaging. For services, it means brochures, flyers, or advertisements.

3. The registration lasts five years. You can renew in the six months before it expires, for another $87.50 per class, with a statement that you are still using the mark in Florida.

4. If someone infringes your registered mark, Florida law lets you seek an injunction, their profits, and your damages. A court can award up to three times your actual damages, plus reasonable attorney's fees.

The limit is geography. A Florida registration does nothing for you in Georgia, New York, or anywhere else. It also does not let you use the ® symbol, which is reserved for marks registered with the USPTO.

What federal registration adds

A federal application costs $350 per class in USPTO fees. Surcharges can apply: $200 per class for a custom description of your goods or services, $200 for each additional 1,000 characters, and $100 per class if the application is missing required information. Our trademark cost guide walks through the full budget.

Unlike Florida, the federal system lets you file before you start using the mark. An intent-to-use application locks in your priority date while you build the business. Once you are using the mark, you file a Statement of Use, which is $150 per class.

In return, federal registration gives you:

1. Rights throughout the United States, not just in Florida.

2. A legal presumption that you own the mark and have the right to use it.

3. The right to use the ® symbol.

4. The ability to sue for infringement in federal court.

5. A basis for registering your mark in other countries.

6. The option to record your registration with U.S. Customs and Border Protection to stop infringing imports.

Federal registration also needs upkeep. A Section 8 declaration is due between the fifth and sixth year after registration ($325 per class), and every ten years you file a combined declaration and renewal ($650 per class). Miss those deadlines and the registration is cancelled. We cover the common mistakes in Registered Isn't Finished.

Side by side

	Florida registration	Federal registration
Where it protects you	Florida only	All 50 states and U.S. territories
Government filing fee	$87.50 per class	$350 per class, plus any surcharges
File before you use the mark?	No, the mark must already be in use in Florida	Yes, with an intent-to-use application
How long it lasts	5 years, renewable for $87.50 per class	10 years, with a Section 8 declaration between years 5 and 6
Use the ® symbol?	No	Yes
Best fit	A local business that will stay in Florida	Online sellers, multi-state businesses, and brands planning to grow

Which one do you need?

For most of our clients, federal registration is the right call. If you sell online, ship to customers outside Florida, or have any plans to expand, a Florida registration will not protect the brand you are building.

A Florida registration can make sense in a few situations:

1. Your business is truly local, such as a single restaurant, salon, or contractor, and you have no plans to operate outside Florida.

2. You want inexpensive protection in Florida while your federal application is pending. Federal applications often take a year or more to work their way through the USPTO.

3. Your mark is already in use in Florida, and you want a public record of your claim while you decide on next steps.

If you are not using your mark yet, Florida is not an option at all. A federal intent-to-use application is the only way to reserve the name before you launch.

One more point. You do have some rights in your mark from using it, even without any registration. Those common-law rights are limited to the area where you actually do business, and they are much harder to prove. Registration, state or federal, puts your claim on the record.

Not sure which fits your business?

This is right in our wheelhouse. We offer two levels of search before you file: a knock-out search of the USPTO records for a quick read on obvious conflicts, and a comprehensive search that also covers state registrations, business names, and common-law uses across the country. We will tell you which search fits your situation, which registration fits where you are headed, and handle the filing from start to finish. Learn more about our trademark and copyright practice, or schedule a free consultation.

This post is for general information only and is not legal advice. Government fees are current as of November 2026 and can change.