Fla. Stat. § 495.001
Short title
This chapter may be cited as the “Registration and Protection of Trademarks Act.”
Florida Statutes Chapter 495 — REGISTRATION AND PROTECTION OF TRADEMARKS
Florida · statute · Fla. Stat. ch. 495 · 22 active provisions
Fla. Stat. § 495.011
Definitions
As used in this chapter:(1) “Abandoned” applies to a mark when either of the following occurs:(a) When its use has been discontinued with intent not to resume such use. Intent not to resume use may be inferred from circumstances. Nonuse for 3 consecutive years shall constitute prima facie evidence of abandonment.(b) Wh…
Fla. Stat. § 495.021
Registrability
(1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:(a) Consists of or comprises immoral, deceptive, or scandalous matter;(b) Consists of or comprises matter which may disparage or falsely suggest a connectio…
Fla. Stat. § 495.031
Application for registration
(1) Subject to the limitations set forth in this chapter, any person who uses a trademark or service mark in this state may file with the department, in a manner and form complying with the requirements of the department, an application for registration of that mark setting forth, but not limited to, the following info…
Fla. Stat. § 495.035
Filing of applications
(1) Upon the receipt of an application for registration and payment of the application fee, the department may cause the application to be examined for conformity with this chapter.(2) The applicant shall provide any additional pertinent information requested by the department, including a description of a design mark,…
Fla. Stat. § 495.041
Use by related companies
Where a mark registered or unregistered is or may be used legitimately by related companies, such use shall inure to the benefit of the owner of the mark, and such use shall not affect the validity of such mark or of its registration, provided such mark is not used in such manner as to deceive the public. If first use…
Fla. Stat. § 495.051
Disclaimers
(1) The Department of State may require the applicant for registration to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim a component of a mark sought to be registered.(2) No disclaimer shall prejudice or affect the applicant’s or registrant’s rights then exist…
Fla. Stat. § 495.061
Certificate of registration
(1) Upon compliance by the applicant with the requirements of this chapter, the department shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the…
Fla. Stat. § 495.071
Duration and renewal
(1) Registration of a mark hereunder shall be effective for a term of 5 years from the date of registration and, upon application filed within 6 months prior to the expiration of such term, in a manner and form complying with the requirements of the department, the registration may be renewed for a like term beginning…
Fla. Stat. § 495.081
Assignments; changes of name; security interests
(1) A registered mark or a mark for which an application for registration has been filed shall be assignable with the goodwill of the business in which the mark is used or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignments shall be by an instrument in writin…
Fla. Stat. § 495.091
Records
The department shall keep for public examination a record of all marks registered or renewed under this chapter, including all documents recorded under s. 495.081.
Fla. Stat. § 495.101
Cancellation
The department shall cancel from the register:(1) Any registration for which the department has received a voluntary request for cancellation by the registrant, which request shall be in a manner and form complying with the requirements of the department.(2) All registrations granted under this chapter and not renewed…
Fla. Stat. § 495.111
Classification
(1) The following general classes of goods and services, conforming to the classification adopted by the United States Patent and Trademark Office, are established for convenience of administration of this chapter:(a) Goods:1. Class 1 Chemicals for use in industry, science and photography, as well as in agriculture, ho…
Fla. Stat. § 495.121
Fraudulent registration
Any person who shall for herself or himself, or on behalf of any other person, procure the filing or registration of any mark with the Department of State under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, sha…
Fla. Stat. § 495.131
Infringement
Subject to the provisions of s. 495.161, any person who shall, without the consent of the registrant:(1) Use any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in…
Fla. Stat. § 495.141
Remedies
(1) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just an…
Fla. Stat. § 495.145
Forum for actions regarding registration
An action seeking cancellation of a registration of a mark registered under this chapter may be brought in any court of competent jurisdiction in this state. Service of process on a nonresident registrant may be made in accordance with ss. 48.161 and 48.181. The department may not be made a party to cancellation procee…
Fla. Stat. § 495.151
Dilution
(1) The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction and to obtain such other relief against another person’s commercial use of a mark or trade name if such use begins after the mark has become fam…
Fla. Stat. § 495.161
Common-law rights
Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Fla. Stat. § 495.171
Effective date; repeal of conflicting acts
(1) This chapter, as amended by this act, shall be in force and take effect January 1, 2007, but shall not affect any suit, proceeding, or appeal then pending.(2) Sections 506.06-506.13 are repealed on January 1, 2007, provided that as to any suit, proceeding, or appeal, and for that purpose only, pending at the time t…
Fla. Stat. § 495.181
Construction of chapter
The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive aut…
Fla. Stat. § 495.191
Fees
Filing and other applicable fees payable to the department under this chapter shall be as follows:(1) Application filing fee: $87.50 per class.(2) Renewal application fee: $87.50 per class.(3) Assignment filing fee: $50 per class.(4) Certificate of name change filing fee: $50.(5) Voluntary cancellation filing fee: $50.…