Trademarks
Trademark Attorney in Fort Lauderdale
Your brand is one of your most valuable business assets. The name your customers recognize, the logo that distinguishes your products from every competitor in the market, the slogan that defines your company's identity — these are not just creative choices. They are legally protectable intellectual property that can be registered, enforced, and defended against infringement. When those rights are not properly secured, competitors can copy your brand, dilute your market position, and profit from the goodwill you have spent years building. When those rights are violated, aggressive legal action is the only remedy.
The Law Offices of Richard Corey, PLLC represents businesses, entrepreneurs, athletes, and creative professionals in trademark registration, enforcement, and litigation throughout Fort Lauderdale, Broward County, and South Florida. Managing Attorney Richard P. Corey is a three-time Super Lawyers Rising Stars recipient in civil litigation and intellectual property — a distinction awarded to fewer than 2.5% of attorneys in Florida — and brings both deep legal experience and direct industry experience in entertainment, music, sports, and entrepreneurship to every trademark matter the firm handles. From startups registering their first brand to established businesses pursuing infringement litigation in federal court, The Law Offices of Richard Corey, PLLC delivers the strategic, comprehensive trademark representation your brand deserves.
Contact The Law Offices of Richard Corey, PLLC at (954) 789-0461 or legal@rcenterpriselaw.com to schedule a consultation with a Fort Lauderdale trademark attorney today.
What Is a Trademark and Why Does It Matter?
A trademark is any word, name, symbol, logo, slogan, color, sound, or combination of these elements that identifies the source of goods or services and distinguishes them from those of other providers in the marketplace. Trademarks function as signals of quality and origin — they tell consumers who made a product and allow them to make purchasing decisions based on brand reputation. Federal trademark protection is governed by the Lanham Act, 15 U.S.C. § 1051 et seq., which creates a comprehensive framework for trademark registration, maintenance, and enforcement through the United States Patent and Trademark Office (USPTO).
Trademark rights in the United States arise initially through use — meaning a business that uses a distinctive mark in commerce acquires common law trademark rights in the geographic areas where it actively uses the mark. However, common law rights are limited in geographic scope and are significantly more difficult to enforce than federally registered trademarks. Federal registration with the USPTO creates a legal presumption of ownership and exclusive nationwide right to use the mark in connection with the registered goods or services, provides constructive notice to all subsequent users that the mark is claimed, and opens the door to federal court jurisdiction, statutory damages, and attorney's fees in infringement litigation. In Florida, businesses may also register marks with the Florida Division of Corporations for additional state-level protection under Florida Statute § 495.011.
The decision of whether to pursue federal registration, state registration, or rely on common law rights — and how to position a mark for maximum protection — requires the analysis of an experienced trademark attorney who understands both the legal framework and the competitive landscape of the client's industry. The Law Offices of Richard Corey, PLLC begins every trademark engagement with a thorough assessment of the client's existing brand assets, the strength of the mark, and the most effective legal strategy for protecting and enforcing the client's trademark rights.
Trademark Legal Services in Fort Lauderdale and South Florida
The Law Offices of Richard Corey, PLLC provides comprehensive trademark representation for clients throughout Fort Lauderdale and South Florida, including:
Trademark Clearance Searches
Before investing in a brand — filing applications, printing packaging, launching a website, or building customer recognition — every business should conduct a thorough trademark clearance search to confirm that the intended mark does not conflict with existing registered or common law trademarks. A clearance search that reveals a conflicting mark before launch can save a business from a costly rebranding, an infringement lawsuit, and the loss of its entire investment in brand development. A clearance search that is skipped or done inadequately can expose a business to all of those consequences.
The Law Offices of Richard Corey, PLLC conducts comprehensive trademark clearance searches covering USPTO registered and pending marks, state trademark registrations, common law uses, domain names, and social media handles — providing clients with a thorough clearance opinion that identifies conflicts, assesses the risk level of proceeding with the mark as intended, and recommends strategic modifications where necessary to reduce infringement exposure.
Trademark Registration — USPTO and Florida
Once a mark is cleared, the registration process begins. USPTO trademark applications require precise identification of the goods and services covered by the mark, selection of the appropriate international classes, a specimen of use showing the mark in actual commerce, and payment of the required filing fees. The USPTO examines the application for compliance with registration requirements — including distinctiveness, descriptiveness, likelihood of confusion with existing marks, and technical requirements — and may issue office actions requiring legal response before the mark is approved for publication.
The Law Offices of Richard Corey, PLLC manages every stage of the federal trademark registration process — from initial application preparation and filing through responding to USPTO office actions, publication and opposition periods, and ultimate registration. We also handle state trademark registration under Florida Statute § 495.011 for clients seeking additional protection in the Florida market, and international trademark registration through the Madrid Protocol for clients with global brand exposure.
Trademark Monitoring and Portfolio Management
A registered trademark is not a one-time transaction — it requires ongoing maintenance and active monitoring to remain enforceable. Federal trademarks must be renewed between the fifth and sixth year after registration and every ten years thereafter, with specimens of continued use required. The USPTO will cancel a registration that lapses through non-renewal or abandonment through non-use.
Beyond maintenance filings, trademark owners must actively monitor the marketplace for infringing uses and take prompt action against infringers — because failure to police a trademark can give rise to a laches defense and, in extreme cases, result in the mark becoming generic and losing all legal protection. The Law Offices of Richard Corey, PLLC provides trademark monitoring services and portfolio management for clients with multiple registered marks — tracking new USPTO filings, monitoring online marketplaces and social media for infringing uses, and advising on enforcement strategy when conflicts arise.
Trademark Infringement and Cease-and-Desist Letters
When a competitor, counterfeit seller, or other party uses a mark that is confusingly similar to your registered trademark without authorization, they are infringing your trademark rights — and you have the right to demand they stop and to seek compensation for the harm their infringement has caused. The first step in most trademark enforcement matters is a formal cease-and-desist letter demanding that the infringer immediately stop using the infringing mark, withdraw any pending trademark applications that conflict with your mark, and provide an accounting of revenues derived from the infringing use.
The Law Offices of Richard Corey, PLLC drafts strategic, legally precise cease-and-desist letters that set the appropriate legal foundation for subsequent litigation if the infringer does not comply — identifying the specific legal basis for the infringement claim, the remedies available under the Lanham Act, and the consequences of non-compliance. We evaluate each enforcement situation strategically — assessing the infringer's market position, the extent of the harm caused, and the most efficient path to resolving the infringement while preserving our clients' full range of legal remedies.
Trademark Infringement Litigation
When a cease-and-desist letter does not resolve the infringement — or when the infringement is so egregious that immediate court action is warranted — trademark infringement litigation in federal court is the appropriate remedy. The Lanham Act provides a comprehensive framework for trademark infringement litigation, including claims for trademark infringement under 15 U.S.C. § 1114, false designation of origin and unfair competition under 15 U.S.C. § 1125(a), trademark dilution under 15 U.S.C. § 1125(c), and cybersquatting under the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
Available remedies in trademark infringement litigation include injunctive relief — a court order permanently stopping the infringement — actual damages, disgorgement of the infringer's profits derived from the infringing use, and in cases of willful infringement, treble damages and attorney's fees. The Law Offices of Richard Corey, PLLC is admitted to practice in the United States District Court for the Southern District of Florida — the federal court with jurisdiction over trademark infringement matters in Broward County — and brings the trial-ready litigation preparation that federal intellectual property cases demand.
Trademark Opposition and Cancellation Proceedings
The USPTO provides an administrative forum — the Trademark Trial and Appeal Board (TTAB) — for resolving disputes over pending and registered trademarks without the cost and delay of federal court litigation. A trademark opposition is a proceeding filed by an existing trademark owner to prevent the registration of a pending application that would conflict with their mark. A trademark cancellation is a proceeding seeking to cancel an existing registration on the grounds of abandonment, fraud on the USPTO, genericness, or priority of use.
The Law Offices of Richard Corey, PLLC represents clients in TTAB opposition and cancellation proceedings — providing a cost-effective alternative to federal court litigation for resolving many trademark conflicts, while preserving the option to proceed to federal court when the matter requires it.
Trademark Licensing and Assignment
When a trademark owner wishes to permit another party to use their mark — whether through a franchise arrangement, a co-branding partnership, or a licensing deal — a carefully drafted trademark license agreement is essential. A trademark license must include quality control provisions that allow the licensor to maintain control over the quality of goods and services offered under the mark — because a trademark license without adequate quality control can constitute a "naked license" that results in abandonment of the trademark entirely.
The Law Offices of Richard Corey, PLLC drafts and negotiates trademark license agreements, co-existence agreements, and trademark assignment agreements throughout South Florida — ensuring that our clients' trademark rights are preserved while their business relationships are structured to achieve their commercial objectives.
NIL and Athlete Brand Trademark Protection
Fort Lauderdale and South Florida's active sports and entertainment market — combined with the explosion of Name, Image, and Likeness (NIL) opportunities for college and high school athletes — has created significant demand for trademark registration and brand protection services tailored to athletes, entertainers, and their business ventures. An athlete's name, nickname, logo, and personal brand elements are valuable trademark assets that deserve the same protection afforded to any commercial brand — and the NIL marketplace has made that protection more urgent than ever.
The Law Offices of Richard Corey, PLLC has direct experience in the NIL and sports law space — including trademark strategy for athletes navigating the NIL marketplace, brand clearance for athlete-founded businesses, and enforcement of athlete trademark rights against unauthorized commercial uses. We understand the unique intersection of trademark law, NIL eligibility rules, and the business of athlete branding that makes trademark representation in the sports and entertainment space different from standard commercial trademark work.
The Trademark Registration Process in Florida
Understanding the trademark registration process helps clients set accurate expectations and make informed decisions about their brand protection strategy.
Step 1 — Trademark Clearance Search
Before filing, a comprehensive search of existing registered marks, pending applications, and common law uses is conducted to assess the availability of the proposed mark and identify any conflicts that must be addressed before filing.
Step 2 — Application Preparation and Filing
The USPTO application is prepared, identifying the mark, the owner, the international class or classes of goods and services, and the basis for filing — either use in commerce (if the mark is already in use) or intent to use (if the mark has not yet been used in commerce). The application is filed electronically through the USPTO's Trademark Electronic Application System (TEAS).
Step 3 — USPTO Examination
The USPTO assigns the application to an examining attorney who reviews it for compliance with registration requirements. If the examining attorney identifies issues — likelihood of confusion with an existing mark, descriptiveness, or technical deficiencies — an office action is issued requiring a legal response within three months (extendable to six months for an additional fee).
Step 4 — Publication and Opposition Period
If the application is approved by the examining attorney, the mark is published in the USPTO's Official Gazette for a 30-day opposition period during which any party who believes they would be harmed by the registration may file an opposition with the TTAB.
Step 5 — Registration or Notice of Allowance
If no opposition is filed (or if any opposition is resolved in the applicant's favor), a use-based application proceeds to registration. An intent-to-use application receives a Notice of Allowance, requiring the applicant to submit a Statement of Use demonstrating actual use in commerce within six months (extendable in six-month increments up to three years).
Step 6 — Maintenance and Renewal
After registration, the owner must file maintenance documents — a Declaration of Use between the fifth and sixth year, and renewal applications every ten years — to keep the registration active. The Law Offices of Richard Corey, PLLC tracks these deadlines for all clients with active trademark registrations.
Florida and Federal Laws Governing Trademarks
The Lanham Act — 15 U.S.C. § 1051 et seq.
The Lanham Act is the primary federal statute governing trademark registration, maintenance, and enforcement in the United States. It establishes the USPTO registration system, creates federal causes of action for trademark infringement, false designation of origin, trademark dilution, and cybersquatting, and provides the remedies available in federal trademark litigation — including injunctions, actual damages, disgorgement of profits, treble damages for willful infringement, and attorney's fees in exceptional cases.
Florida Trademark Registration — Florida Statute § 495.011
Florida's state trademark registration statute provides for registration of marks with the Florida Division of Corporations, giving the registrant legal presumption of ownership and exclusive right to use the mark in Florida commerce. State registration is supplemental to — not a substitute for — federal registration, and is most useful for businesses operating exclusively within Florida's borders.
Florida Deceptive and Unfair Trade Practices Act — Florida Statute § 501.201
Florida's FDUTPA provides an additional avenue of relief in trademark infringement and unfair competition matters — allowing injured parties to recover actual damages, attorney's fees, and costs when a competitor engages in deceptive or unfair acts in connection with trade or commerce, including unauthorized use of another party's trademark or trade dress.
Anticybersquatting Consumer Protection Act — 15 U.S.C. § 1125(d)
The ACPA provides a federal cause of action against parties who register, traffic in, or use a domain name that is identical or confusingly similar to a distinctive or famous trademark with a bad faith intent to profit from the mark. Statutory damages of up to $100,000 per domain name are available in ACPA cases, making it a powerful tool for trademark owners whose brands have been targeted by domain name squatters.
How Our Fort Lauderdale Trademark Attorneys Fight for You
Trademark law is both a transactional and a litigation practice — and the decisions made at the transactional stage directly determine how effectively a mark can be enforced in litigation when infringement occurs. The Law Offices of Richard Corey, PLLC approaches every trademark engagement with both dimensions in view. We register marks strategically — selecting the strongest possible identification of goods and services, anticipating potential conflicts, and building the registration record that creates maximum litigation leverage when enforcement becomes necessary.
When enforcement is required, we move with urgency. Evidence of infringement must be preserved before infringing content is taken down or modified. Market investigations must document the scope of the infringement before the infringer has an opportunity to minimize their exposure. Cease-and-desist letters must be drafted with the precision of a litigation team — because in many cases, the infringer's response to a cease-and-desist letter determines whether the matter resolves efficiently or proceeds to federal court.
Richard P. Corey has been featured in USA Today, Yahoo News, and Influencive, is a TEDx Ocala 2025 speaker, and is a Member of the Bar of the Supreme Court of the United States and admitted to practice in the United States District Court for the Southern District of Florida — the federal court with jurisdiction over trademark infringement matters throughout South Florida. His direct experience in the entertainment, music, and sports industries gives him the industry knowledge to advise clients on trademark strategy in exactly the sectors where brand identity matters most.
Why Choose The Law Offices of Richard Corey, PLLC as Your Trademark Attorney in Fort Lauderdale?
Trademark representation requires an attorney who combines technical knowledge of federal trademark law and USPTO practice with the litigation experience to enforce trademark rights aggressively when infringement occurs — and the industry knowledge to understand what your brand actually means in your marketplace. Richard P. Corey brings all three.
Recognized as a Super Lawyers Rising Star in civil litigation and intellectual property for three consecutive years — a distinction awarded to fewer than 2.5% of attorneys in Florida — Richard has the legal depth and courtroom experience that serious trademark matters demand. As a serial entrepreneur himself — with ventures spanning consumer products, media, technology, and professional services — he understands what a brand represents to a business owner at a level that goes beyond legal abstraction. He has personally navigated trademark strategy, brand development, and intellectual property protection as a business owner, bringing that perspective to every client engagement.
Our firm is boutique by design. Every trademark client works directly with Richard — not a paralegal or junior associate — and receives the focused, senior-level attention that valuable brand assets require. We represent trademark clients throughout Fort Lauderdale, Broward County, Miami-Dade County, and Palm Beach County in USPTO proceedings and in the United States District Court for the Southern District of Florida.
Serving Trademark Clients Throughout South Florida
The Law Offices of Richard Corey, PLLC represents trademark clients throughout:
-
Fort Lauderdale
-
Broward County
-
Miami
-
Miami-Dade County
-
Boca Raton
-
West Palm Beach
-
Palm Beach County
-
Pompano Beach
-
Hollywood
-
Coral Springs
-
Plantation
-
Davie
-
Deerfield Beach
-
Weston
-
All of South Florida
We handle trademark matters in Florida state courts statewide and in the United States District Court for the Southern District of Florida.
Schedule a Consultation With a Fort Lauderdale Trademark Attorney
Whether you are registering a new brand, enforcing your existing trademark rights against an infringer, or defending against a trademark claim, The Law Offices of Richard Corey, PLLC provides the experienced, strategic trademark representation your situation demands. Contact us today to schedule a consultation.
The Law Offices of Richard Corey, PLLC
915 Middle River Drive, Suite 408
Fort Lauderdale, FL 33304
Phone: (954) 789-0461
Email: legal@rcenterpriselaw.com
Website: rcenterpriselaw.com
Related Practice Areas
Trademark protection is most effective when integrated into a broader intellectual property and business strategy. Our intellectual property attorneys provide comprehensive IP representation across trademarks, copyrights, and trade secrets throughout South Florida. For athletes and entertainers building their personal brands in the NIL marketplace, our NIL and sports law practice provides the integrated brand protection and contract representation that today's athlete-entrepreneurs need. When trademark disputes escalate into full-scale commercial litigation, our civil litigation attorneys provide the trial-ready federal court representation your case demands.