How to Register a Trademark in Florida (2026)
Reviewed by DocDraft Legal Team · Florida · Last updated August 12, 2026
A Florida trademark registration protects a brand used inside Florida and is handled by the Division of Corporations of the Florida Department of State through the Sunbiz system, under the Registration and Protection of Trademarks Act, Fla. Stat. Ch. 495. The state filing fee is $87.50 per class of goods or services, and a Florida registration lasts 5 years, renewable for successive 5-year terms. This is separate from federal registration with the USPTO, which gives nationwide rights. Most businesses selling across state lines or online should register federally, while a Florida filing suits a purely in-state brand. Florida also protects trade secrets under its Uniform Trade Secrets Act (Fla. Stat. Ch. 688) and a person's name and likeness under the right-of-publicity statute, Fla. Stat. 540.08.
How much does it cost to register a trademark in Florida?
Florida charges a state filing fee of $87.50 per class of goods or services, paid to the Department of State when you file with the Division of Corporations through Sunbiz under Fla. Stat. 495.191. A mark used in several classes costs $87.50 multiplied by the number of classes. The certificate of registration itself is issued at no extra charge.
Where do you file a Florida state trademark?
You file with the Division of Corporations of the Florida Department of State, the office that runs the Sunbiz system, using the Trademark or Service Mark Registration application (form CR2E014). Filings go to the Trademark Registration Section in Tallahassee. A Florida registration is authorized by the Registration and Protection of Trademarks Act, Fla. Stat. Ch. 495.
How long does a Florida trademark registration last?
Under Fla. Stat. 495.071, a Florida trademark registration is effective for 5 years from the date of registration. You can renew it for successive 5-year terms by filing a renewal application with the Division of Corporations and paying $87.50 per class again. This differs from a federal registration, which runs for 10-year terms.
Is a Florida trademark the same as a federal USPTO trademark?
No. A Florida registration under Ch. 495 only protects your mark within Florida and does not grant nationwide rights or the ® symbol. A federal USPTO registration under the Lanham Act gives nationwide priority and federal-court enforcement. Businesses selling across state lines or online usually want the federal filing; a Florida filing suits a strictly local brand.
Florida's Sunbiz trademark system and Chapter 495
Florida trademark registration is governed by the Registration and Protection of Trademarks Act, codified at Fla. Stat. Ch. 495, and administered by the Division of Corporations of the Florida Department of State through its Sunbiz portal. Applicants use the Trademark or Service Mark Registration form (CR2E014) and pay $87.50 per class under Fla. Stat. 495.191, an unusually low fee compared with the federal $350-per-class charge. Florida classifies goods and services under Fla. Stat. 495.111, tracking the federal classification system with 34 classes of goods, 11 of services, and separate classes for certification and collective marks. A distinctive feature is the term: Fla. Stat. 495.071 sets a 5-year registration period, shorter than the federal 10-year term, so Florida owners must calendar renewals more often. Section 495.161 expressly preserves common-law trademark rights, meaning state registration supplements rather than replaces the rights a business already earns through use in Florida.
Relevant Laws
Registration and Protection of Trademarks Act, Fla. Stat. Ch. 495
Florida's state trademark statute. Sets the $87.50-per-class fee (s. 495.191), the 5-year renewable term (s. 495.071), the classification of goods and services (s. 495.111), and preserves common-law rights (s. 495.161).
Florida Division of Corporations (Sunbiz) Trademark Registration
The Division of Corporations of the Florida Department of State administers state trademark filings through Sunbiz using form CR2E014, sent to the Trademark Registration Section in Tallahassee.
Florida Uniform Trade Secrets Act, Fla. Stat. Ch. 688
Florida's adoption of the Uniform Trade Secrets Act, effective 1988. Allows injunctions and damages for misappropriation of trade secrets and applies a 3-year limitations period.
Right of Publicity, Fla. Stat. 540.08
Prohibits unauthorized commercial use of a person's name, portrait, or likeness and allows suit for an injunction, damages, a reasonable royalty, and punitive damages; protection extends up to 40 years after death.
Regional Variances
Florida (Ch. 495) vs. federal (Lanham Act) trademark registration
Florida registration under Fla. Stat. Ch. 495
Filed with the Division of Corporations on Sunbiz (form CR2E014). $87.50 per class under s. 495.191, effective for a 5-year term renewable for like terms under s. 495.071. Protects the mark only within Florida; requires actual in-state use.
Federal registration under the Lanham Act
Filed with the USPTO. $350 per class, 10-year renewable terms, nationwide priority, the ® symbol, and federal-court enforcement. Allows intent-to-use filing, which Florida does not.
Common-law rights in Florida
Preserved by Fla. Stat. 495.161. Rights arise from actual use within the trading area, are free, but are limited in geography and harder to enforce than a registration.
Related Florida business-IP statutes
Trade secrets: Florida Uniform Trade Secrets Act (Ch. 688)
Florida has adopted the UTSA, effective 1988. Provides injunctions and damages for misappropriation with a 3-year limitations period under Fla. Stat. Ch. 688.
Right of publicity: Fla. Stat. 540.08
A statutory right barring unauthorized commercial use of a person's name or likeness, with damages, a reasonable royalty, and protection for up to 40 years after death.
Trademark classification: Fla. Stat. 495.111
Florida tracks the federal classes: 34 for goods, 11 for services, and separate classes for certification and collective marks, with a per-class fee for multi-class filings.
Suggested Compliance Checklist
Confirm actual use of the mark in Florida
Before filing days after startingVerify the mark is already in use on goods or services in Florida and record the date of first use in-state, since Ch. 495 has no intent-to-use option.
Search Sunbiz and USPTO for conflicts
Before filing days after startingSearch Division of Corporations records on Sunbiz and the USPTO database for confusingly similar Florida and federal marks on related goods or services.
Identify classes under Fla. Stat. 495.111
Before filing days after startingMap the goods and services to Florida's classes (34 goods, 11 services). Class count sets the fee at $87.50 per class under s. 495.191.
File form CR2E014 with the $87.50-per-class fee
When ready days after startingSubmit the CR2E014 application, three specimens of use, and a check for $87.50 per class to the Trademark Registration Section of the Division of Corporations in Tallahassee.
Calendar the 5-year renewal
Before the 5-year expiration days after startingDiary the expiration under Fla. Stat. 495.071 and file a renewal with another $87.50-per-class fee to extend the registration for the next 5-year term.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm actual use of the mark in Florida | Verify the mark is already in use on goods or services in Florida and record the date of first use in-state, since Ch. 495 has no intent-to-use option. | - | Before filing |
| Search Sunbiz and USPTO for conflicts | Search Division of Corporations records on Sunbiz and the USPTO database for confusingly similar Florida and federal marks on related goods or services. | - | Before filing |
| Identify classes under Fla. Stat. 495.111 | Map the goods and services to Florida's classes (34 goods, 11 services). Class count sets the fee at $87.50 per class under s. 495.191. | - | Before filing |
| File form CR2E014 with the $87.50-per-class fee | Submit the CR2E014 application, three specimens of use, and a check for $87.50 per class to the Trademark Registration Section of the Division of Corporations in Tallahassee. | trademark-application | When ready |
| Calendar the 5-year renewal | Diary the expiration under Fla. Stat. 495.071 and file a renewal with another $87.50-per-class fee to extend the registration for the next 5-year term. | - | Before the 5-year expiration |
Frequently Asked Questions
No. A registration under Fla. Stat. Ch. 495 only gives rights within Florida. It cannot stop someone in another state from using a similar mark, and it does not grant the right to use the ® symbol. For protection beyond Florida you need a federal registration with the USPTO under the Lanham Act, which provides nationwide priority.
No. Unlike the federal Section 1(b) intent-to-use basis, Florida requires that the mark already be in actual use in the state before you register under Ch. 495. The CR2E014 application asks for the date of first use in Florida, so you must be selling goods or offering services under the mark before applying.
Yes. Florida adopted the Uniform Trade Secrets Act, codified as the Florida Uniform Trade Secrets Act at Fla. Stat. Ch. 688, effective in 1988. It lets an owner enjoin misappropriation and recover damages, and it defines a trade secret to include formulas, methods, and compilations that derive value from secrecy and are subject to reasonable efforts to stay secret.
Yes. Fla. Stat. 540.08 bars using a person's name, portrait, or likeness for trade, commercial, or advertising purposes without consent. A person can sue to enjoin the use and recover damages, including a reasonable royalty and punitive damages. The statute exempts bona fide news reporting and applies for up to 40 years after death.
Florida charges $87.50 per class under Fla. Stat. 495.191, while the USPTO base fee is $350 per class as of the January 2025 fee schedule. Florida is much cheaper and faster, but it only covers Florida and lasts 5-year terms rather than the federal 10-year terms, so the choice depends on how far your brand reaches.
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