Legal Question in Entertainment Law in Florida

I have register 3 fiction name under my name in www.sunbiz.org to start a Beauty Pageant Event but i dont know if this 3 name that i register is in my total power or i need to Corporate,Incorpote or trademark this name to have the rights for it. Let me now what i need to do. Also i need free advises from Entertaiment Business. Thanks


Asked on 8/12/09, 12:25 pm

2 Answers from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

A fictitious name registration is simply a quick and easy way to use another name rather than the company's registered name. It confers no rights. A trademark is acquire by making use of the name in commerce. The usage must be in commerce. Also, certain words and phrases can't be trademarked (for example if the word/phrase is merely descriptive of the services/products that you intend to associate with the name it typically can't be registered).

For more information, consult with an attorney. In some states, registration of a fictitious name acts as a bar to obtaining trademark protection for the name.

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Answered on 8/12/09, 1:08 pm
Sarah Grosse Sarah Grosse, Esquire

I agree with Mr. Duvalsaint and would just like to add that the type of advice you need cannot really be obtained in this forum. A few quick tips may help, but you appear to have more issues going which need to be fully evaluated by an attorney. You have the issues of choosing a type of business entity and naming it, whether a trademark registration can/should be sought, gaming laws and contest entry rules, to name just a few and each of which requires separate evaluation.

Please retain an attorney before proceeding in this matter. I STRONGLY recommend against trying to proceed on your own in this matter based upon a few free legal tips.

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Answered on 8/12/09, 1:20 pm


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