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What Is a Fictitious Name in Florida?

James W. Martin

A Pinellas County fictitious name is a name used by a business other than its legal name. Florida law requires that a Pinellas County fictitious name of a business be published in the newspaper and registered with the Florida Division of Corporations as a fictitious name before it is used in Florida.

Of course, if the business name is exactly the same as the legal name of the business owner then it is not a fictitious name and need not be registered as a fictitious name, but it might be registrable as a trademark.

The choice of business name is important because if it is confusingly similar to another’s name, it might constitute trademark infringement.

While the registration of a fictitious name does not grant any trademark rights, the registration might result in trademark infringement.

Therefore, it is advisable to engage a Pinellas County business attorney to provide legal advice about Pinellas County fictitious name filings.

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