495.171 – Effective Date; Repeal of Conflicting Acts.
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 (2) Sections 506.06-506.13 are repealed on January 1, 2007, provided that as to any suit, proceeding, or appeal, and for that purpose […]
495.181 – Construction of Chapter.
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 authority for interpreting and […]
495.191 – Fees.
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. (6) Certificate of registration under seal: $8.75. (7) Certified copy of […]
495.021 – Registrability.
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 connection with persons, living […]
495.161 – Common-Law Rights.
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, ch. 67-58; s. 18, ch. 2006-191.
495.031 – Application for Registration.
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 […]
495.035 – Filing of Applications.
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, and may make, or authorize […]
495.041 – Use by Related Companies.
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 […]
495.051 – Disclaimers.
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 existing or thereafter arising in the disclaimed matter, […]
495.061 – Certificate of Registration.
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 […]