Posted On: December 17, 2008 by Jo-Anne Yau

Client Spotlight: Cuba Libre Bar

The Cuba Libre Bar name and logo are now trademarks registered with the State of Florida. It is being used by Havana-Jax Café, a Latin-themed restaurant in Jacksonville, Florida, to identify its bar and nightclub.

Contrary to common belief, registering a trademark with the State is not often as simple as filling out a form, writing a check for $87.50, and waiting for the Certificate of Registration. First, every line in the trademark application has legal significance. Every situation is different--NEVER copy the someone else's forms, even if their application was eventually approved for registration.

Second, the State may request additional information prior to making a decision. The State is seeking your legal argument in support of registration of your trademark. Your written reply must cite controlling case law, statutes, or both.

Third, if your application is rejected, your $87.50 filing fee (per class of goods/services your trademark will be identifying) is not refundable.

For help determining whether you have a trademark eligible for registration in your state, filing the application, and responding the the State, consult a trademark attorney.

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