The Florida Senate

495.027  Reservation.--

(1)  A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a mark in connection with the sale within this state of goods or services, or both, may reserve the right to register a mark in this state in connection with particular types of goods or services, subject to the limitations of this chapter, by delivering to the Department of State, on a form furnished by the department, a request to reserve a specified mark. The request shall set forth, but not be limited to, the following information:

(a)  The name and business address of the person requesting such reservation, and, if a corporation, the state of incorporation;

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

(c)  A statement that the requester has no knowledge of any other person other than a related company that has the right to use such a mark in this state either in the identical form thereof or in such near resemblance thereto as might be likely to deceive, or confuse, or to be mistaken therefor;

(d)  A statement that the requester has a bona fide intent to use the mark within this state in connection with the sale of the goods or services listed; and

(e)  Such other information as the department deems necessary.

(2)  Every request under this section shall be signed and verified by the requester or by a member of the firm or an officer of the corporation or other organization submitting the request.

(3)  Every request under this section shall be accompanied by a filing fee of $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 to be used.

(4)  If the Department of State finds that the mark requested is available for registration by the requester in connection with the specified goods or services, subject to the limitations set forth in this chapter, the department shall reserve the mark for registration by the requester for a nonrenewable 120-day period commencing from the date that the requester files a request for reservation that complies with the requirements of this chapter.

(5)  The right to register a specified mark so reserved may not be transferred during such reservation.

(6)  The Department of State may revoke any reservation if, after a hearing, it finds that the request was not made in good faith.

(7)  If a person who has obtained such a reservation files an application for registration of such mark prior to the expiration of the reservation, that person shall have the exclusive right during that reservation period to register the mark for the goods or services set forth in that reservation.

History.--s. 3, ch. 90-222.