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.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
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.