Florida 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 to resume...
  • 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.History.—s....
  • 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...
  • 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 of...
  • 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. 1,...
  • 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: $87.50 per...

Last modified: September 23, 2016