Legal Question in Intellectual Property in Florida
Can a (state) government agency service mark a program i.e. an innovative outreach program that helps small business?
2 Answers from Attorneys
Yes a state agency may file an application for federal service-mark registration for a name or symbol that identifies the agency as the source of a particular small business outreach program.
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
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Yes, a government agency may apply for trademark registration. For example, the State of Florida has registered a family of "MY FLORIDA..." trademarks. Florida also polices and enforces its trademark rights to the "MY FLORIDA" family of trademarks.