Frequently Asked Legal Questions

A trademark is a mark used in connection with a good or service that indicates the source of the good or service. The purpose of a trademark is to let consumers know the source of a product so that they can reliably make decisions about their interactions with those products. This is often referred to as the trademark representing the goodwill between a business and consumers. Trademarks permeate our daily lives and can be extremely important assets to businesses. While Trademarks exist at common law, full federal protection under the Lanham Act requires registration of the mark with the USPTO.

What is a Copyright?

A copyright is the protection given to an author’s expression manifested in a physical medium. These are most often used in relation to sound recordings, audio visual works, software, photographs, paintings, and many other types of art. Obtaining federal protection through registration is the best way to ensure your rights are in place to prevent infringement in the future.

What is a Trade Secret?

A trade secret is a process, method, recipe, or other commercial activity which derives its economic benefit from not being known by others. Trade secrets are their own area of law under the common law because they are the types of activities that do not fall under copyright, trademark, or patent protection. The most famous of all trade secrets is the formula for Coca Cola, which serves as a great example of how valuable an asset a trade secret can be. However, trade secrets must be kept confidential and require internal processes to maintain their secrecy both in fact and in the eyes of the legal system.

Do I have to register a Trade Mark? 

You own your trademark the day you create it and registration is not a prerequisite to enforcement, however, federal registration serves as national notice of ownership, and provides a slew of benefits for enforcement of your trademark. Without it, litigation can becomes costly and time consuming without an avenue to recover attorneys fees and costs. Therefore, although you do not have to register it, a proper registration is highly recommended.    

Do I have to register my copy right?

Yes, although you own your copyright the day you create it, under federal law, registration is a prerequisite to enforcement of a copyright, . Registration of a copyright is not expensive or difficult. People often bring up an urban legend involving mailing your copyrighted materials to yourself in a sealed envelope, however, this process is insufficient to enforce your copyright under federal law.

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What is a Registered Agent?

A Registered Agent is an individual or entity who is designated to receive legal notice for a business. In some states, such as Florida, registered business entities are required to have a Registered Agent for the receipt of service of process.

I want to start a business, what does that entail?

Starting a business can be both exciting and daunting. The basic steps are to first determine where to create the business and what business entity to create. For many Florida residents, the choice is to create a business within the State of Florida (though it isn’t required). After determining the state of creation and the entity type, the proper documents have to be filed with the department in the state of creation. Once created, the business will have to determine what filings to make with the Internal Revenue Service for classification and to obtain an Employer Identification Number. Finally, the proper business licenses or permits need to be obtained from the municipal or county governments where the business will be physically located.

I own my Business, but can I represent my business in court or do I need a lawyer?

In Florida, only an attorney can represent a business in the court room. Business owners have limited authority to file specific pleadings under our statutes, for instance one in the business of being a landlord may get away with filing an eviction complaint, however, the owner cannot litigate the complaint. Any papers or pleadings filed in court on behalf of a business by a non-attorney are at risk of being considered a nullity and businesses should always seek representation in order to avoid that risk.  

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What is a Tax Certificate? 

A tax certificate is a lien created by a taxing authority for delinquent or unpaid taxes. See, Florida Statutes 197.122.

What are the rights of a tax certificate holder?

If a tax certificate has not been redeemed, or paid, for two years, the holder may apply for a tax deed.

How do I get a tax deed?

Once a tax deed application is completed and all the necessary parties are properly served notice, tax deeds are sold at public auction.

Is my tax deed subject to any other interests?

Tax deeds are considered a new or original interest in the land and are only subject to very few
 statutory or judicial exceptions which include:
 

a) Restrictive covenants that run with the land,
 b) Equitable servitudes,
 c) Public utility easements,
 d) Conservation easements,
 e) The common-law easement of necessity, and
 f) Lien of record held by a county, municipal governmental unit, a special district,
 or a community development district.
 

 When I buy a tax Deed do I need to worry about the prior owner’s delinquent homeowner’s association (HOA) fee’s or Mortgages?

As long as you have a valid tax deed, standard liens such as mortgages and claims by the associations are extinguished and do not survive. Your property is still subject to the restrictions of record by the homeowners association (HOA), but not the liens it had against the prior owner.
 

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