The Florida Senate

495.031  Application for registration.--

(1)  Subject to the limitations set forth in this chapter, any person who adopts and uses a trademark or service mark in this state may file with the Department of State, on a form to be furnished by the department, an application for registration of that trademark or service mark setting forth, but not limited to, the following information:

(a)  The name and business address of the person applying for such registration, and, if a corporation, the state of incorporation;

(b)  The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods or services and the class or classes in which such goods or services fall;

(c)  The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or her or his predecessor in business or a related company of the applicant or the applicant's predecessor; and

(d)  A statement that the applicant is the owner of the mark and that no other person except a related company has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as to be likely to deceive or confuse or to be mistaken therefor.

(2)  Every applicant for registration of a certification mark in this state shall file with the Department of State, on a form to be furnished by the department, an application setting forth, but not limited to, the following information:

(a)  The information required by paragraph (1)(a);

(b)  The date when the certification mark was first used anywhere and the date when it was first used in this state under the authority of the applicant;

(c)  The manner in which and the conditions under which the certification mark is used in this state; and

(d)  A statement that the applicant is exercising control over the use of the mark, that the applicant is not herself or himself engaged in the production or marketing of the goods or services to which the mark is applied, and that no person except the applicant or persons authorized by the applicant, or related companies thereof, has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as to be likely to deceive or confuse or to be mistaken therefor.

(3)  Every applicant for registration of a collective mark in this state shall file with the Department of State, on a form to be furnished by the department, an application setting forth, but not limited to, the following information:

(a)  The information required by paragraphs (1)(a) and (b);

(b)  The date when the collective mark was first used anywhere and the date when it was first used in this state by any member of the applicant or a related company of such member;

(c)  The class of persons entitled to use the mark, indicating their relationship to the applicant, and the nature of the applicant's control over the use of the mark; and

(d)  A statement that no person except the applicant or members of the applicant, or related companies thereof, has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as to be likely to deceive or confuse or to be mistaken therefor.

(4)  Every application under this section shall be signed and verified by the applicant or by a member of the firm or an officer of the corporation, association, union or other organization applying.

(5)  Every application under this section shall be accompanied by a specimen or facsimile of such mark in triplicate.

(6)  Every application under this section shall be accompanied by a filing fee of $87.50, payable to the Department of State, for each class of goods or services as specified in s. 495.111, in connection with which the mark is used.

History.--s. 1, ch. 67-58; s. 1, ch. 67-560; ss. 10, 35, ch. 69-106; s. 5, ch. 71-114; s. 2, ch. 87-265; s. 59, ch. 90-132; s. 4, ch. 90-222; s. 553, ch. 97-103.