Florida Senate - 2019                                     SB 198
       By Senator Berman
       31-00340-19                                            2019198__
    1                        A bill to be entitled                      
    2         An act relating to trademark classifications; amending
    3         s. 495.111, F.S.; revising classes of goods and
    4         services to conform to the classifications adopted by
    5         the United States Patent and Trademark Office;
    6         providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Paragraphs (a) and (b) of subsection (1) of
   11  section 495.111, Florida Statutes, are amended to read:
   12         495.111 Classification.—
   13         (1) The following general classes of goods and services,
   14  conforming to the classification adopted by the United States
   15  Patent and Trademark Office, are established for convenience of
   16  administration of this chapter:
   17         (a) Goods:
   18         1. Class 1 Chemicals for use used in industry, science, and
   19  photography, as well as in; agriculture, horticulture, and
   20  forestry; unprocessed artificial resins, unprocessed plastics;
   21  manures; fire extinguishing and fire prevention compositions;
   22  tempering and soldering preparations; substances for tanning
   23  animal skins and hides chemical substances for preserving
   24  foodstuffs; tanning substances; and adhesives for use used in
   25  industry; putties and other paste fillers; compost, manures,
   26  fertilizers; biological preparations for use in industry and
   27  science.
   28         2. Class 2 Paints, varnishes, lacquers; preservatives
   29  against rust and against deterioration of wood; colorants,;
   30  dyes; inks for printing, marking and engraving mordants; raw
   31  natural resins; and metals in foil and powder form for use in
   32  painting, decorating, printing and art painters, decorators,
   33  printers, and artists.
   34         3. Class 3 Non-medicated cosmetics and toiletry
   35  preparations; non-medicated dentifrices; perfumery, essential
   36  oils; bleaching preparations and other substances for laundry
   37  use; cleaning, polishing, scouring, and abrasive preparations;
   38  soaps; perfumery, essential oils, cosmetics, and hair lotions;
   39  and dentifrices.
   40         4. Class 4 Industrial oils and greases, wax; lubricants;
   41  dust absorbing, wetting, and binding compositions; fuels
   42  (including motor spirit) and illuminants; and candles and wicks
   43  for lighting.
   44         5. Class 5 Pharmaceuticals, medical and veterinary
   45  preparations; sanitary preparations for medical purposes;
   46  dietetic food and substances adapted for medical or veterinary
   47  use, and food for babies; dietary supplements for humans and
   48  animals; plasters, and materials for dressings; material for
   49  stopping teeth, and dental wax; disinfectants; preparations for
   50  destroying vermin; and fungicides, and herbicides.
   51         6. Class 6 Common metals and their alloys, ores; metal
   52  building materials for building and construction; transportable
   53  buildings of metal; materials of metal for railway tracks; non
   54  electric nonelectric cables and wires of common metal;
   55  ironmongery and small items of metal hardware; metal containers
   56  for storage or transport; safes pipes and tubes of metal; safes;
   57  goods of common metal not included in other classes; and ores.
   58         7. Class 7 Machines, and machine tools, power-operated
   59  tools; motors and engines, (except for land vehicles); machine
   60  coupling and transmission components, (except for land
   61  vehicles); agricultural implements, other than hand-operated
   62  hand tools; incubators for eggs; automatic vending machines.
   63         8. Class 8 Hand tools and hand-operated implements, hand
   64  operated; cutlery; side arms, except firearms; and razors.
   65         9. Class 9 Scientific, nautical, surveying, photographic,
   66  cinematographic, optical, weighing, measuring, signaling,
   67  checking (supervision), and life-saving and teaching apparatus
   68  and instruments; apparatus and instruments for conducting,
   69  switching, transforming, accumulating, regulating, or
   70  controlling electricity; apparatus for recording, transmission,
   71  or reproduction of sound or images; magnetic data carriers, and
   72  recording discs; compact discs, DVDs and other digital recording
   73  media; automatic vending machines and mechanisms for coin
   74  operated apparatus; cash registers, calculating machines, and
   75  data processing equipment, and computers; computer software; and
   76  fire-extinguishing apparatus.
   77         10. Class 10 Surgical, medical, dental, and veterinary
   78  apparatus and instruments;, artificial limbs, eyes, and teeth;
   79  orthopaedic orthopedic articles; and suture materials;
   80  therapeutic and assistive devices adapted for the disabled;
   81  massage apparatus; apparatus, devices and articles for nursing
   82  infants; sexual activity apparatus, devices and articles.
   83         11. Class 11 Apparatus for lighting, heating, steam
   84  generating, cooking, refrigerating, drying, ventilating, water
   85  supply, and sanitary purposes.
   86         12. Class 12 Vehicles; apparatus for locomotion by land,
   87  air, or water.
   88         13. Class 13 Firearms; ammunition and projectiles;
   89  explosives; and fireworks.
   90         14. Class 14 Precious metals and their alloys and goods in
   91  precious metals or coated therewith (not included in other
   92  classes); jewellery, jewelry and precious and semi-precious
   93  stones; and horological and chronometric instruments.
   94         15. Class 15 Musical instruments.
   95         16. Class 16 Paper and, cardboard, and goods made from
   96  these materials (not included in other classes); printed matter;
   97  bookbinding material; photographs; stationery and office
   98  requisites, except furniture; adhesives for stationery or
   99  household purposes; drawing materials and materials for artists;
  100  paintbrushes; instructional and teaching materials; plastic
  101  sheets, films and bags for wrapping and packaging artists’
  102  materials; paint brushes; typewriters and office requisites
  103  (except furniture); instructional and teaching material (except
  104  apparatus); plastic materials for packaging (not included in
  105  other classes); printers’ type,; and printing blocks.
  106         17. Class 17 Unprocessed and semi-processed rubber, gutta
  107  percha, gum, asbestos, mica, and substitutes for all these
  108  materials goods made from these materials and not included in
  109  other classes; plastics and resins in extruded form for use in
  110  manufacture; packing, stopping, and insulating materials; and
  111  flexible pipes, tubes and hoses, not of metal.
  112         18. Class 18 Leather and imitations of leather and goods
  113  made of these materials and not included in other classes;
  114  animal skins and hides; luggage and carrying bags trunks and
  115  traveling bags; umbrellas and, parasols;, and walking sticks;
  116  and whips, harness, and saddlery; collars, leashes and clothing
  117  for animals.
  118         19. Class 19 Building materials (non-metallic nonmetallic);
  119  non-metallic nonmetallic rigid pipes for building; asphalt,
  120  pitch, and bitumen; non-metallic nonmetallic transportable
  121  buildings; monuments, not of metal.
  122         20. Class 20 Furniture, mirrors, and picture frames;
  123  containers, not of metal, for storage or transport; unworked or
  124  semi-worked bone, horn, whalebone or mother-of-pearl; shells;
  125  meerschaum; yellow amber goods (not included in other classes)
  126  of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone,
  127  shell, amber, mother-of-pearl, and meerschaum and substitutes
  128  for all these materials, or of plastics.
  129         21. Class 21 Household or kitchen utensils and containers;
  130  cookware and tableware, except forks, knives and spoons (not of
  131  precious metal or coated therewith); combs and sponges; brushes,
  132  (except paintbrushes paint brushes); brush-making materials;
  133  articles for cleaning purposes; steel wool; unworked or semi
  134  worked semiworked glass, (except building glass used in
  135  building); and glassware, porcelain, and earthenware not
  136  included in other classes.
  137         22. Class 22 Ropes and, string;, nets;, tents, and
  138  tarpaulins; awnings of textile or synthetic materials;,
  139  tarpaulins, sails;, sacks for the transport and storage of
  140  materials in bulk, and bags (not included in other classes);
  141  padding, cushioning and stuffing materials, (except of paper,
  142  cardboard, rubber or plastics); and raw fibrous textile
  143  materials and substitutes therefor.
  144         23. Class 23 Yarns and threads, for textile use.
  145         24. Class 24 Textiles and substitutes for textiles;
  146  household linen; curtains of textile or plastic textile goods
  147  not included in other classes and bed and table covers.
  148         25. Class 25 Clothing, footwear, and headgear.
  149         26. Class 26 Lace and embroidery, ribbons, and braid;
  150  buttons, hooks and eyes, pins, and needles; and artificial
  151  flowers; hair decorations; false hair.
  152         27. Class 27 Carpets, rugs, mats and matting, linoleum, and
  153  other materials for covering existing floors; and wall hangings
  154  (non-textile nontextile).
  155         28. Class 28 Games, toys and playthings; video game
  156  apparatus; gymnastic and sporting articles not included in other
  157  classes; and decorations for Christmas trees.
  158         29. Class 29 Meat, fish, poultry, and game; meat extracts;
  159  preserved, frozen, dried, and cooked fruits and vegetables;
  160  jellies, jams, and compotes; eggs;, milk, and milk products; and
  161  edible oils and fats for food.
  162         30. Class 30 Coffee, tea, cocoa, and artificial coffee;
  163  sugar, rice;, tapioca, and sago, and artificial coffee; flour
  164  and preparations made from cereals;, bread, pastries pastry and
  165  confectionery; edible, and ices; sugar, honey, and treacle;
  166  yeast, baking-powder baking powder; salt;, and mustard; vinegar,
  167  and sauces (condiments); spices; and ice (frozen water).
  168         31. Class 31 Raw and unprocessed agricultural,
  169  aquacultural, horticultural, and forestry products; raw and
  170  unprocessed grains and seeds and grains not included in other
  171  classes; live animals; fresh fruits and vegetables, fresh herbs;
  172  seeds, natural plants, and flowers; bulbs, seedlings and seeds
  173  for planting; live animals; foodstuffs and beverages for
  174  animals; and malt.
  175         32. Class 32 Beers; mineral and aerated waters and other
  176  non-alcoholic beverages nonalcoholic drinks; fruit beverages
  177  drinks and fruit juices; and syrups and other preparations for
  178  making beverages.
  179         33. Class 33 Alcoholic beverages (except beers).
  180         34. Class 34 Tobacco; smokers’ articles; and matches.
  181         (b) Services:
  182         1. Class 35 Advertising; business management; business
  183  administration; and office functions.
  184         2. Class 36 Insurance; financial affairs; monetary affairs;
  185  and real estate affairs.
  186         3. Class 37 Building construction; repair; and installation
  187  services.
  188         4. Class 38 Telecommunications.
  189         5. Class 39 Transport; packaging and storage of goods; and
  190  travel arrangement arrangements.
  191         6. Class 40 Treatment of materials.
  192         7. Class 41 Education; providing of training;
  193  entertainment; and sporting and cultural activities.
  194         8. Class 42 Scientific and technological services and
  195  research and design relating thereto; industrial analysis and
  196  research services; design and development of computer hardware
  197  and software; and legal services.
  198         9. Class 43 Services for providing food and drink; and
  199  temporary accommodation.
  200         10. Class 44 Medical services; veterinary services;
  201  hygienic and beauty care for human beings or animals; and
  202  agriculture, horticulture, and forestry services.
  203         11. Class 45 Legal services; security services for the
  204  physical protection of tangible property and individuals;
  205  personal and social services rendered by others to meet the
  206  needs of individuals; and security services for the protection
  207  of property and individuals.
  208         Section 2. This act shall take effect July 1, 2019.