495.001 – Short Title.
495.001 Short title.—This chapter may be cited as the “Registration and Protection of Trademarks Act.” History.—s. 1, ch. 2006-191.
495.145 – Forum for Actions Regarding Registration.
1495.145 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 s. 48.181. The department shall not be made a party to cancellation […]
495.011 – Definitions.
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) When any course of […]
495.151 – Dilution.
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 […]
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, […]