One issue that has already come up in a number of contexts due to the coronavirus pandemic, including when it comes to business and landlord-tenant breach of contract claims, is the force majeure clause, or the provision in contracts which excuses non-performance of some contract obligations if certain unforeseeable events occur which makes fulfilling these obligations impossible (usually known as “acts of God”). Historically, these clauses have included earthquakes, floods, hurricanes, and sometimes also labor disputes, strikes, wars, etc.

However, some commercial tenants are now arguing that COVID-19 constitutes a “force majeure” event that makes fulfilling their rent obligations impossible, while many businesses have been and continue to argue that they cannot fulfill their contract obligations due to COVID-19 creating extraordinary and unforeseeable events.  These events and circumstances include workers unable to show up for work, having to close down facilities, states mandating social distancing, supply chains abroad shutting down, etc. There is no question that the courts will be filled with these disputes once that they are up and running again.

What Force Majeure Clauses Actually Provide For

However, it is important to note that, while courts will always first look to the clause itself in the contract to determine what, specifically, the parties agreed to, most of the time, these clauses are boilerplate provisions that are given very little attention and time during the drafting of the contract, and rarely do they specifically mention pandemics. In addition, the courts are hesitant to allow for force majeure to excuse contract obligations due to changing economic conditions and hardships. This arguably leaves these disputes in a similar position that many businesses are in with insurance companies regarding business interruption insurance and the pandemic, with insurance companies arguing that business interruption insurance does not cover business losses due to COVID-19 and commercial landlords arguing that commercial leases do not provide for nonpayment of rent due to financial hardship caused by a pandemic.

Providing Notice

In addition, when invoking a force majeure clause, a party has to provide notice to the other party (to the extent that it is possible) so that that party has the option of modifying their order, accepting delay, or terminating the contract and going elsewhere; a procedure which has been difficult to follow through with during COVID-19, as everything, including shutdowns and mandatory social distancing, has been proceeding very quickly and not always with notice.

Contact Our Breach of Contract Attorneys to Find Out About Florida

While Florida Governor Ron DeSantis did enter a moratorium on evicting tenants for 45 days from April 2 and the Florida Supreme Court suspended clerks from issuing writs of possession through May 29, DeSantis’ measure only applies to residential tenants, not commercial tenants. Still, with court closures, commercial landlords may have difficulty with enforcement, as will businesses that have concerns about breach of contract issues that they cannot yet litigate due to closures. However, you do have some options available to you during this time – Contact our Tampa breach of contract attorneys at HD Law Partners today to find out more about what those are.

Resource:

flgov.com/wp-content/uploads/orders/2020/EO_20-94.pdf

floridasupremecourt.org/content/download/633282/7195631/AOSC20-23.pdf

reuters.com/article/us-health-coronavirus-livestock-insight-idUSKCN2292YS

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Battles over decorations between residents and homeowners’ associations is a common issue that both associations and property managers face on a regular basis here in Florida. This is one reason why you want to make sure that, as an association, you work with an experienced homeowners’ association attorney in creating association documents or amendments, as well as the appropriate covenants and restrictions, so that you are best able to manage these disputes and know what your rights beforehand – before they come up, or turn into expensive legal battles that can last decades.

Take a case that heads to trial in late February here in Florida after nine years of back-and-forth disputes between one unit owner and his homeowners’ association: The dispute involved the resident wanting to display an American flag in a flowerpot, which defied the homeowners’ association’s rules. After initially filing a federal lawsuit in 2012, his homeowners’ association settled and agreed that he could display the flag as long as his display complied with association rules. In exchange, he agreed to refrain from making disparaging statements about the association. However, one year later, the association began to assess a fee against him because of a new association rule about not allowing displays in flower pots, specifically. The resident once again filed a federal lawsuit against the association, and cited the Freedom to Display the American Flag Act of 2005. However, a federal judge dismissed his lawsuit because the law does not provide unit owners with the right to sue in federal court. Meanwhile, the association filed suit against the resident for making disparaging comments about it.

What Federal & State Law Allow For, Specifically

Florida law states that “any unit may display one portable, removable United States flag in a respectful way.” That same law also provides unit owners with several other rights, for example, the right to install an electric vehicle charging station within their own common element parking area as long as it does not cause irreparable damage to the association’s property and the unit owner is responsible for all costs associated with it.

In allowing for the right to display an American flag, this state law simply reiterates rights already provided by the Freedom to Display the American Flag Act of 2005. However, the federal Act indicates that associations may, at the same time, adopt reasonable restrictions that are necessary to protect the substantial interests of the association, such as those that pertain to the manner, place, or time regarding the display of the flag. As a result, an association seeking to place some restrictions on the ability for unit owners to display their flags should consult homeowners’ association attorneys to ensure that any time, place, or manner restrictions fall under the association’s rights.

Speak with A Florida Homeowners’ Association Attorney If You Have Concerns

At HD Law Partners, our Tampa homeowners’ association attorneys provide the very best in legal advice and representation to homeowners’ associations throughout Florida, ensuring that associations do not get stuck in legal battles like these that can last decades and cost too much. With over 40 years combined experience, we have dealt with a myriad of homeowners’ association issues, and know what to expect. Contact our office today to find out more.

Resource:

jacksonville.com/news/20200221/jacksonville-veterans-trial-over-right-to-fly-flag-begins-monday

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In February, a jury awarded one plaintiff almost $8.5 million verdict, which included eight million dollars in punitive damages, as a result of an insurance bad faith litigation claim brought against insurance company National General. The case is one that all insurance companies should be aware of in terms of what it means to thoroughly investigate a claim and whether or not a good faith dispute over coverage validly exists. It involved an insurance claim filed on a fire damaged RV, which was ultimately denied by National General after several of the company’s investigators found the incident to be suspicious and reported claiming that the fire originated in two separate locations and was caused by the actions of an individual. The insurance company ultimately came to suspect that the plaintiff may have set the fire himself.

It is also notable that the Florida legislature is currently floating a proposal to adjust issues related to bad faith lawsuits brought against insurers here in Florida; a proposal that would ultimately benefit insurance carriers, who currently face bad faith actions fairly regularly when it comes to disputes over coverage.

Factors In The Jury’s Decision

In its decision, the jury in the case appeared to be especially concerned about the number of investigations that National General conducted, as was unearthed by the discovery process. According to reports, the initial investigation implied that the fire was an electrical fire, however, once that National General realized that the damage was covered under the plaintiff’s policy, the second investigation instead concluded that fire may have been intentionally set and suggested that the plaintiff had something to do with it. The company then denied the claim, insisting that the plaintiff had filed a fraudulent claim and misrepresented the incident.

The jury, however, sided with the plaintiff, finding that National General manipulated the facts and dictated some of its subsequent investigations in order to reach the conclusion that worked in its best interest. National General had gone so far as to not only deny the claim of a policyholder who was in good standing and able to prove that he was not home when the fire occurred, but also investigated his family, which the jury found to be a clear act of bad faith.

Florida Senate Bill Could Decrease Bad Faith Litigation Brought in Florida

Because the determination of what constitutes “bad faith” is placed in the hands of a jury instead of a judge, it is not uncommon or insurers to be hit with verdicts in the millions of dollars; even where policy limits are significantly less (for example, $50,000 or less). However, a current Senate proposal would require that any civil remedy notice specify the amount of damages that are being sought from an insurer so that they can try to cure any alleged violations and prevent a bad faith lawsuit.

Contact Our Florida Insurance Bad Faith Defense Attorneys If You Have Questions

HD Law Partners represents insurance companies whenever there is a dispute over liability, coverage, or damages. The firm also provides defense services where there are insurance bad faith claims and plaintiffs seeking extra-contractual liability. Contact our Tampa insurance bad faith attorneys today to find out more about our services.

Resource:

rvtravel.com/jury-935/

clickorlando.com/news/florida/2020/02/04/florida-house-renews-debate-over-ending-no-fault-auto-insurance-system/

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Florida lawmakers are currently considering a bill that would affect a number of commercial landlord and tenant issues by addressing the ability for tenants to keep emotional support animals. Specifically, while it would prohibit landlords from charging more for emotional support animals, it would also allow them to ask for proof and hold a pet owner liable for any damage that they cause to property. In addition, the legislation mandates that any pet owners who obtain fraudulent letters in order to keep their pets as emotional support animals would also be penalized.

The bill has come about in part as a result of commercial landlords complaining that people are exploiting their ability to simply keep a pet with them at all times by claiming that they are emotional support animals.

What Current State & Federal Law Dictates

For legal purposes, it is important to distinguish between service dogs covered under the Americans with Disabilities Act (ADA) and emotional support dogs. The ADA dictates that individuals with disabilities may have their service animals in all areas that constitute “public accommodations,” such as stores, restaurants, schools, hotels, apartments, etc. These animals are specifically trained to assist someone with mental, physical, psychiatric, intellectual, or other disability, and the animal’s work must be directly related to that. For example, if someone is blind, they may have an animal that helps them cross the street.

However, Florida law does not protect the issue of emotional support animals in the same way (i.e. animals that provide a sense of safety or comfort to those with emotional disabilities or conditions). As a result, landlords and others have never been required to allow emotional support animals under state law. That being said, the federal Fair Housing Act does require housing facilities to allow both service dogs and emotional support animals in the interest of those with disabilities and conditions to have equal opportunity because, under the law, this animal is recognized as a type of assistance that represents a “reasonable accommodation” under the Act. As a result, the U.S. Department of Housing and Urban Development, which oversees the Act, investigates any related claims of housing discrimination, and currently allows housing providers to ask only two questions when it comes to considering requests to have an emotional support animal on the premises:

• Does the applicant have a disability (mental or physical impairment) that limits one or more major life activities?
• Does the animal provide emotional support that affects their disability and/or does the animal work or otherwise provide assistance for the benefit of that person?

These individuals must only submit reliable documentation of the disability if “the disability is not known or readily apparent.” As a result, if this legislation passes, there may be significant confusion amongst landlords concerning whether or not they are complying with landlord and tenant rights under both state and federal law.

Contact Our Florida Commercial Landlord & Tenant Attorneys If You Have Questions

If you as a landlord have questions about drafting a commercial lease so as to ensure that it complies with what both state and federal law requires, enforcing an existing lease, or otherwise handling an eviction proceeding, contact one of our experienced Tampa commercial landlord & tenant attorneys at HD Law Partners in order to ensure that you are protected.

Resource:

animallaw.info/article/faqs-emotional-support-animals

nbc-2.com/story/41569232/florida-bill-would-allow-landlords-to-require-proof-for-emotional-support-animals

ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm

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As Florida attorneys who provide legal representation to homeowners’ associations (HOA), while also representing those affected by a foreclosure proceeding, the issue of homeowners’ associations foreclosing on homes over unpaid fees can be a challenging one that affects more people than you realize; especially since some 30 to 40 percent of the country lives in homeowners’ association communities. Many people and possibly even some homeowners’ association do not realize that in Florida and a number of other states, if you fail to pay assessments and dues, the association can obtain a lien on your property that leads to foreclosure. In fact, most people think that only their mortgage lender can seize their property.

However, the law also dictates that the association cannot file this lien unless it first provides the homeowner with 45 days to pay what they owe via a written demand. Still, in its assessments lien, it can not only include unpaid assessments in the lien, but also late charges, interest, and attorneys’ fees. Defaulting on assessments means that the association can foreclose by filing a lawsuit, even if you are current on your mortgage payments. This is why – if you are involved in a disagreement with your association – failing to pay fees is not the way to address the disagreement; rather, speaking with an attorney to discuss your options makes more sense; especially since it can be difficult to even figure out how much is actually owed to the HOA.

Seizing A Home Over $250 In Unpaid HOA Fees?

There is no question that a number of homeowners do not completely understand the ability for associations to foreclose on their home after they have purchased it, and are shocked when they find themselves in the position of losing a home that they’ve paid hundreds of thousands of dollars for over several hundred dollars in unpaid homeowners’ association fees. As a result, a number of associations try to ensure that they try to collect several times before resorting to foreclosure.

Exploiting The Tragedy

Still, the foreclosure issue can leave homeowners in a serious bind, especially when it comes to companies that may be tempted to purchasing homes under foreclosure for a small amount of money and seek to sell the homes back to their owners for much higher prices. It can also leave homeowners in a situation where they essentially still owe a mortgage payment for a home they no longer own.

Fighting Back

Some Florida associations have found that it is a waste of time to foreclosure on a home if it has a superior mortgage because even if the association ends up with the title, it is possible for the mortgagee to take the property from the association. In addition, it is important for all parties to note that the statute of limitations to pursue unpaid assessments is five years.

Contact Our Florida HOA & Foreclosure Attorneys If You Have Any Questions

If you are a Florida homeowners’ association with a question about unpaid dues and foreclosure, or a homeowner potentially facing foreclosure, do not hesitate to reach out to our experienced Tampa homeowners’ association attorneys at HD Law Partners today to find out more about your rights and options.

Resource:

https://marketwatch.com/story/condo-fee-foreclosures-become-headache-for-homeowners-2015-01-09

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As commercial landlord and tenant attorneys who help ensure that landlords have enforceable commercial leases and experienced counsel to help with any disputes, one of the issues that we frequently assist landlords with here in Florida are common area maintenance, or “CAM” charges. These charges have a significant impact on the property’s net operating income and how much tenants pay. However, disputes can arise with tenants when it comes to CAM charges because unique situations may require costs to be calculated in a way that is different than what is spelled out in the current lease terms. As a result, it is important for commercial landlords to have a thorough understanding of what CAM charges are/include and how to properly account for them in the lease, with the assistance of an experienced attorney.

Below, we discuss what CAM charges are, what’s included in them, the types of commercial real estate leases that do and do not include them, and how they are calculated:

What They Are/Include

While CAM charges are very generally maintenance costs related to managing and maintaining commercial property, there really is no one definition as to what exactly is included in them because they vary based on the market and the property. They are designed to provide property owners with some protection from increasing costs so that the property’s return on investment isn’t significantly impacted. These charges typically include the cost of cleaning, maintaining, and repairing common areas of leased property, although the exact charges depend upon the exact lease that the landlord and tenant agree on; they can be limited to a few items, or they can be broader, covering expenses related to:

• Bathrooms
• Elevators
• Hallways
• Lawn care & landscaping
• Parking lots
• Sidewalks
• Snow removal
• Utilities
• Needs that are unique to the property, such as security, building repairs, property management fees, administrative costs, permit expenses, property taxes, property insurance, and anything else landlord may want to include.

While these costs can sometimes be scary to the tenant, they can also be beneficial in that landlords will sometimes put off maintenance costs if they have to bear the cost themselves.

Where They Appear In Commercial Lease Terms

Not all properties include these charges. They tend to be included in industrial, retail, and warehouse spaces; while office spaces tend to include them in the rent. Specifically, the following types of commercial real estate leases tend to involve some type of CAM charges:

• Triple net leases: The tenant tends to pay CAM charges and takes on all of the responsibilities in terms of paying their share of property taxes, insurance, and common area maintenance. The only responsibility landlord has is covering the capital expenditures, which means repairs to the property; although expenses can vary depending on what landlord and tenant have agreed on during lease negotiations. These types of leases tend to apply to retail properties, such as shopping centers and restaurants
• Net leases: The landlord pays for the common area maintenance while the tenant pays for property insurance and taxes. This type of lease is less common but it is attractive to some tenants because it minimizes risk. It is also sometimes seen where multiple properties share common area expenses, however, the base rent is higher
• Gross leases: Very common in office buildings; where the landlord covers common area maintenance, property taxes, and insurance, and tenant pays flat rent rate without fluctuation based on insurance, maintenance costs or property taxes. The landlord will even sometimes cover utilities.

How They Are Calculated

It is important for property owners to work with attorneys so as to ensure that the leases are structured so as to maximize the return on investment. This typically involves passing CAM charges onto the tenant. However, how CAM charges are calculated also matters. The most common way they are calculated is based on square footage of the property, where each tenant pays their share of the property’s expenses based on the space occupied by dividing the total cost of maintenance by the square footage of the property to get cost per square foot. However other options are:

• Load factor: whatever percentage of the building is used as a common area is added to the square footage of the space rented, which then gives you rentable square footage to base rent on
• Fixed: property owners set a flat fee for common area maintenance and work in small annual increases to cover inflation. You see some shopping malls doing this
• Capped charges: some tenants may attempt to negotiate a cap on how much they will be required to pay towards common area maintenance

Contact Our Florida Landlord & Tenant Law Attorneys

Commercial landlord and tenant law can be extremely complicated, especially when disputes arise. As a result, building in every precaution to your lease with your tenant is the best way to protect yourself as a commercial landlord.

We can help you ensure that you have the best enforceable commercial lease. Contact our Tampa commercial landlord and tenant lawyers at HD Law Partners to learn more about our services today.

Resource:

Posted in Homeowners Association, Landlord Tenant | No Comments »

An article recently featured in TIME magazine highlights why it is so important for couples to address certain issues in pre-and post-nuptial agreements, including pet custody issues, in order to avoid expensive, lengthy court battles later on. The article highlights just how important pets are becoming to us and how one individual spent close to $40,000 in legal fees fighting for custody over dogs in their divorce because the custody issue was not addressed in a prenuptial agreement.

Pets are becoming just as important as children for more and more people each day. In fact, according to a survey by the American Veterinary Medical Association, 80 percent of pet owners view their pets as family members. More and more pets are also adopted rather than purchased and described as mixed breeds, indicating that their value comes from something other than what they cost. In fact, of the more than 1,000 millennial pet owners surveyed in 2018, almost 70 percent indicated they would actually take work leave to care for a new pet if possible, and 60 percent of men and 80 percent of women considered their pets to be their “fur babies.”

Pets as Property: Where The Court Battles Originate

Because in most states pets are still considered property, where there is a custody dispute, judges tend to assign responsibility based on who adopted or purchased a pet, or, if this cannot be ascertained, whoever paid for the pet’s care over the years. However, some couples decide that if two pets have bonded during the relationship, they should be kept together and, as a result, one person will have primary custody and the other one will have visitation rights, etc. Still, if this is not recorded in a prenuptial agreement, it is subject to one person suddenly deciding to cancel the arrangement, which then can result in a court battle. This is becoming more and more common, especially as more and more people consider pets to be like children and will therefore sometimes come to feel that the other individual is not properly taken care of the pets. As a result, pet custody disputes after divorce are becoming more and more common, and they can become complicated because courts and divorce laws fail to recognize that pets are not equivalent to other property items.

While some states are working on making progress to change the law on the issue, unfortunately, Florida does not yet have laws that treat pets as family members. With courts ill-prepared to adjudicate these battles, and unarmed with the right laws, these disputes can drag on for years and cost plenty as a result; that is, unless a pre- or postnuptial agreement specifically addresses who will have custody/visitation/etc. when it comes to the pet(s) in the instance of divorce.

The Key Is Addressing This Early On: Contact Our Florida Prenuptial Agreement Attorneys

There is no question that pets are more than property. They have awareness, emotions, sentience, and inherent value that distinguishes them from property. However, the law drags behind the science and the reality of our lives in this regard, and until divorce laws and the courts are more prepared to address pet issues in every divorce, it is essential that pet owners come to an agreement either before they are married (prenuptial) or after (postnuptial) in order to avoid expensive court battles later on.

Our Tampa family attorneys are prepared to help you avoid a volatile situation when it comes to family court matters, including assisting you in planning for everything that is important to you in a pre- and/or postnuptial agreement. Contact us today at HD Law Partners to find out more about our services.

Resource:

time.com/5763775/pet-custody-divorce-laws-dogs/

Posted in Divorce, tampa family attorney | No Comments »

An important landlord and tenant case decided in December could have an effect on landlords around the country. The court specifically held that landlords can be held liable under the Fair Housing Act if they fail to reasonably address tenant race discrimination from other tenants. This is the first time the law has been expanded beyond direct action by landlords and allowed for landlords to be held liable for actions committed by third parties.

The case involved a tenant who allegedly experienced egregious discriminatory harassment from his next-door neighbor, who remained a tenant in the building even after he was arrested by police for aggravated harassment and a protective order was entered against him.

What The Fair Housing Act Says

The Fair Housing Act prohibits discrimination “by direct providers of housing,” such as landlords and real estate companies, as well as those in connection with the housing, such as banks and lending institutions, if/where discriminatory practices make housing unavailable to someone due to:

• Disability;
• Familial status;
• National origin;
• Race/color;
• Religion; or
• Sex.

The Act has traditionally been utilized by the Department of Justice in cases involving discrimination in home improvement or mortgage loans, or where a group of individuals has had their rights denied and it raises issues of general concern. In addition, individuals who feel that they have been victims of an illegal housing practice can file a complaint with the Department of Housing and Urban Development or in court.

Can Commercial Landlords Now Be Sued for Failing to Kick Out Commercial Tenants That Harass Nearby Commercial Tenants?

To what extent this could be applied to commercial landlords who, for example, are faced with the prospect of whether they should rent to someone who has a protection order entered against them by a party near the space for harassment reasons unconnected to race discrimination remains to be determined. The circumstances of the case involved the Fair Housing Act’s specific prohibition against racial discrimination in the rental of a dwelling. However, the majority did liken landlords taking action for littering on the premises with the need to take action to address tenant-on-tenant harassment complaints, which implies a broad reading of the statute.

Still, with existing privacy laws in place, many wonder what the landlord could have done, exactly, to halt the offending behavior. In addition, a number of landlords might be concerned that the individual allegedly engaging in harassment could sue them for discrimination and violating their rights for evicting them, especially if the concerning behavior that is the subject of complaints from neighbors  only involves speech.

If You Have Questions, Get in Touch with Our Florida Landlord/Tenant Attorneys

If you have a question about a landlord/tenant legal issue, contact our experienced Tampa commercial landlord and tenant attorneys at HD Law Partners. Consulting an experienced attorney when a dispute arises can help prevent litigation like this.

Resource:

courthousenews.com/harassed-tenant-gets-ok-to-hold-landlord-liable/

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As attorneys who help countless clients prepare for and get through divorce here in Florida, we also frequently counsel our clients on general suggestions for getting through their first holiday after divorce. A number of parents are especially concerned about where to draw the line between preserving old traditions while making new ones with their children at the same time.

Experts of all types of backgrounds have offered their advice when it comes to coping after divorce, especially during your first holiday. It is a predominant theme amongst each of these experts that parents consulting their children on what their preferences in terms of new versus old traditions tends to work well for getting through this time and finding a new, happy balance. Below, we discuss some additional tips from experts on how to make the most of your holiday after divorce:

Focusing On Your Children & Building New Traditions

Many people find that focusing on their children is very helpful at this time. By focusing on making their holidays bright and cheerful, this may just come back to brighten your holiday as well. By discussing what they’d like to do this holiday season, many people find that engaging in new traditions with their children is very helpful; for example, getting and decorating a fake tree together instead of going out and cutting down a tree. Also keep in mind that new traditions don’t just involve your children; they can involve cooking new dishes for the holiday, visiting friends and family you have not seen in some time, etc.

People & Activities That Make You Happy

Indeed, surrounding oneself with people and/or activities that make one happy is very important during the holidays can be especially rewarding. Do not be afraid to be proactive and plan ahead when it comes to social events. Regardless of what you consider to be a rewarding activity, prioritize yourself and self-care during this time.

Setting Your Own Boundaries

While engaging in discussions with your family and friends about what everyone wants to do is important, do not be afraid to set your own boundaries as well. This includes any gatherings you are too uncomfortable with, extended family you do and do not want to see, what traditions you would personally like to participate in, etc.

Valuable Ways to Spend Your Time

Many find that, if they now split their children’s time with their ex, that they have more time on their hands during the season. While this may at first be daunting, it can also provide more time for relaxation and less hectic holiday activities. In addition, some people find that starting to volunteer with an organization and helping those in need during the holidays can be especially rewarding.

Work with Experienced Florida Divorce Attorneys

There is no question that giving yourself time and space when it comes to your divorce and getting through the holidays is helpful. If you have any questions about obtaining a divorce here in Florida, contact our compassionate, professional Tampa family attorneys at HD Law Partners today to find out how we can help.

Resource:

meetmindful.com/10-tips-for-surviving-the-holidays-after-a-divorce/

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As attorneys who regularly assist clients here in Florida with trademark disputes, we also help to counsel clients on registering a business trademark. A business’ trademark is essential in identifying its “brand” and protecting its goods and services, both in terms of another company using that brand and all of the various legal implications that can accompany this issue. A brand may also be associated with very valuable intellectual property that needs to be protected. Registering your trademark provides you with exclusive legal rights and protects others from copying it, and once your trademark is registered, it does not expire. Having a trademark attorney assist you is crucial in ensuring that this is done correctly and in accordance with the law.

What Is a Trademark?

As defined by the United States Patent and Trademark Office, trademarks are words, symbols, phrases, designs, or all of the above that identifies the source and distinguishes it from others. Note, however, that the name of a business is not necessarily the trademark, and may not be registerable. Trademarks are often used to refer to both goods and services even though, technically, a service mark protects services.

Timing & Process

Timing is also very important when it comes to trademarks. They should be registered as soon as possible, and the process can take between six months to a year or more, however, businesses should not invest a lot of time and money into a brand until they have consulted an attorney who can assist them with researching what is already registered. Your attorney can assist you in choosing a name that is unique enough to avoid being imitated but also provides the consumer with enough of a descriptor to know what it is exactly that you are selling.

The Application Process

Once you have your trademark, you and your attorney file an application with the United States Patent and Trademark Office. In order to do so, you will need to gather important, relevant business information. Note that different components are registered under different marks, for example, logos as design marks, slogans as word marks, etc.  Therefore, if you are filing for the protection of your business, slogan, logo, etc., you will have three separate applications—one design and two word mark applications.

Each type of application has its benefits and the initial review can take between one and three months. These include:

• Teas Plus: Requires the most information;
• Teas Reduced Fee: Does not require as much information and allows you to customize your descriptions;
• Teas Regular: Requires the least amount of information and is the most expensive.

Contact Our Florida Business & Commercial Litigation Attorneys with Any Questions

If you have any questions about trademarks, contact our Sarasota commercial litigation attorneys at HD Law Partners today to find out how we can help.

Resource:

businessnewsdaily.com/15358-register-business-trademark.html

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