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Florida Laws: FL Statutes - Title XXXIII Chapter 495 Registration and Protection of Trademarks
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Florida Laws > Regulation Of Trade Commerce Investments and Solicitations > Florida Laws: FL Statutes - Title XXXIII Chapter 495 Registration and Protection of Trademarks
- 495.001 Short title.
This chapter may be cited as the "Registration and Protection of Trademarks Act." History.--s. 1, ch. 2006-191.
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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....
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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. History.--s....
- 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...
- 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...
- 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:...
Last modified: March 26, 2010
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