In Florida, fictitious name registration is governed by Florida Statutes § 865.09, also known as the “Fictitious Name Act.”  This Act requires that a person engaging in business under a fictitious name must register with the Division of Corporations of the Department of State.  The purpose of this registration is merely to give notice as to who is operating the business under the assumed name.  Registration of the fictitious name does not stake out the name as your own or even guarantee that nobody else is using the name.

If you would like to protect the use of a word or phrase, trademark or servicemark protection may be appropriate.  It may be possible to obtain both state and federal trademark or servicemark rights.  In fact, some rights may exist by virtue of using the mark, even in the absence of a registration, although registering the mark may give the owner additional valuable rights and may also strengthen the value of the mark.  When trademark or servicemark rights are obtained, the owner of the mark may be able to exclude others from using the mark in association with similar goods or services.