Florida Senate - 2026 SB 476
By Senator Martin
33-00604-26 2026476__
1 A bill to be entitled
2 An act relating to the registration and protection of
3 trademarks; providing a short title; amending s.
4 495.111, F.S.; requiring the Department of State to
5 annually adopt the United States Patent and Trademark
6 Office’s system of classification of goods and
7 services that is in effect by a specified date;
8 requiring that such classification be published as
9 part of the trademark registration form; deleting
10 specific general classes of goods and services;
11 creating s. 495.029, F.S.; requiring the department,
12 by a certain date, to establish and maintain a secure
13 online registration system for a specific purpose;
14 requiring the system to perform certain tasks for all
15 applicants; amending s. 495.031, F.S.; providing
16 construction; requiring that every paper application,
17 rather than every application, be accompanied by a
18 specified number of specimens or facsimiles showing
19 the mark as actually used; requiring that every
20 electronic application be accompanied by an electronic
21 copy of a specimen showing the mark as actually used;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. This act may be referred to as the “Technical
27 Trademark Amendments Act of 2026.”
28 Section 2. Subsection (1) of section 495.111, Florida
29 Statutes, is amended to read:
30 495.111 Classification.—
31 (1) The department shall, no later than July 1 of every
32 year, adopt the United States Patent and Trademark Office’s
33 system of classification of goods and services in effect on June
34 1 of that year as the Florida classification system. The
35 classification must be published as part of the trademark
36 registration form following general classes of goods and
37 services, conforming to the classification adopted by the United
38 States Patent and Trademark Office, are established for
39 convenience of administration of this chapter:
40 (a) Goods:
41 1. Class 1 Chemicals for use in industry, science and
42 photography, as well as in agriculture, horticulture and
43 forestry; unprocessed artificial resins, unprocessed plastics;
44 fire extinguishing and fire prevention compositions; tempering
45 and soldering preparations; substances for tanning animal skins
46 and hides; adhesives for use in industry; putties and other
47 paste fillers; compost, manures, fertilizers; biological
48 preparations for use in industry and science.
49 2. Class 2 Paints, varnishes, lacquers; preservatives
50 against rust and against deterioration of wood; colorants, dyes;
51 inks for printing, marking and engraving; raw natural resins;
52 metals in foil and powder form for use in painting, decorating,
53 printing and art.
54 3. Class 3 Non-medicated cosmetics and toiletry
55 preparations; non-medicated dentifrices; perfumery, essential
56 oils; bleaching preparations and other substances for laundry
57 use; cleaning, polishing, scouring and abrasive preparations.
58 4. Class 4 Industrial oils and greases, wax; lubricants;
59 dust absorbing, wetting and binding compositions; fuels and
60 illuminants; candles and wicks for lighting.
61 5. Class 5 Pharmaceuticals, medical and veterinary
62 preparations; sanitary preparations for medical purposes;
63 dietetic food and substances adapted for medical or veterinary
64 use, food for babies; dietary supplements for humans and
65 animals; plasters, materials for dressings; material for
66 stopping teeth, dental wax; disinfectants; preparations for
67 destroying vermin; fungicides, herbicides.
68 6. Class 6 Common metals and their alloys, ores; metal
69 materials for building and construction; transportable buildings
70 of metal; non-electric cables and wires of common metal; small
71 items of metal hardware; metal containers for storage or
72 transport; safes.
73 7. Class 7 Machines, machine tools, power-operated tools;
74 motors and engines, except for land vehicles; machine coupling
75 and transmission components, except for land vehicles;
76 agricultural implements, other than hand-operated hand tools;
77 incubators for eggs; automatic vending machines.
78 8. Class 8 Hand tools and implements, hand-operated;
79 cutlery; side arms, except firearms; razors.
80 9. Class 9 Scientific, nautical, surveying, photographic,
81 cinematographic, optical, weighing, measuring, signaling,
82 checking (supervision), life-saving and teaching apparatus and
83 instruments; apparatus and instruments for conducting,
84 switching, transforming, accumulating, regulating or controlling
85 electricity; apparatus for recording, transmission or
86 reproduction of sound or images; magnetic data carriers,
87 recording discs; compact discs, DVDs and other digital recording
88 media; mechanisms for coin-operated apparatus; cash registers,
89 calculating machines, data processing equipment, computers;
90 computer software; fire-extinguishing apparatus.
91 10. Class 10 Surgical, medical, dental and veterinary
92 apparatus and instruments; artificial limbs, eyes and teeth;
93 orthopaedic articles; suture materials; therapeutic and
94 assistive devices adapted for the disabled; massage apparatus;
95 apparatus, devices and articles for nursing infants; sexual
96 activity apparatus, devices and articles.
97 11. Class 11 Apparatus for lighting, heating, steam
98 generating, cooking, refrigerating, drying, ventilating, water
99 supply and sanitary purposes.
100 12. Class 12 Vehicles; apparatus for locomotion by land,
101 air or water.
102 13. Class 13 Firearms; ammunition and projectiles;
103 explosives; fireworks.
104 14. Class 14 Precious metals and their alloys; jewellery,
105 precious and semi-precious stones; horological and chronometric
106 instruments.
107 15. Class 15 Musical instruments.
108 16. Class 16 Paper and cardboard; printed matter;
109 bookbinding material; photographs; stationery and office
110 requisites, except furniture; adhesives for stationery or
111 household purposes; drawing materials and materials for artists;
112 paintbrushes; instructional and teaching materials; plastic
113 sheets, films and bags for wrapping and packaging; printers’
114 type, printing blocks.
115 17. Class 17 Unprocessed and semi-processed rubber, gutta
116 percha, gum, asbestos, mica and substitutes for all these
117 materials; plastics and resins in extruded form for use in
118 manufacture; packing, stopping and insulating materials;
119 flexible pipes, tubes and hoses, not of metal.
120 18. Class 18 Leather and imitations of leather; animal
121 skins and hides; luggage and carrying bags; umbrellas and
122 parasols; walking sticks; whips, harness and saddlery; collars,
123 leashes and clothing for animals.
124 19. Class 19 Building materials (non-metallic); non
125 metallic rigid pipes for building; asphalt, pitch and bitumen;
126 non-metallic transportable buildings; monuments, not of metal.
127 20. Class 20 Furniture, mirrors, picture frames;
128 containers, not of metal, for storage or transport; unworked or
129 semi-worked bone, horn, whalebone or mother-of-pearl; shells;
130 meerschaum; yellow amber.
131 21. Class 21 Household or kitchen utensils and containers;
132 cookware and tableware, except forks, knives and spoons; combs
133 and sponges; brushes, except paintbrushes; brush-making
134 materials; articles for cleaning purposes; unworked or semi
135 worked glass, except building glass; glassware, porcelain and
136 earthenware.
137 22. Class 22 Ropes and string; nets; tents and tarpaulins;
138 awnings of textile or synthetic materials; sails; sacks for the
139 transport and storage of materials in bulk; padding, cushioning
140 and stuffing materials,except of paper, cardboard, rubber or
141 plastics; raw fibrous textile materials and substitutes
142 therefor.
143 23. Class 23 Yarns and threads, for textile use.
144 24. Class 24 Textiles and substitutes for textiles;
145 household linen; curtains of textile or plastic.
146 25. Class 25 Clothing, footwear, headgear.
147 26. Class 26 Lace and embroidery, ribbons and braid;
148 buttons, hooks and eyes, pins and needles; artificial flowers;
149 hair decorations; false hair.
150 27. Class 27 Carpets, rugs, mats and matting, linoleum and
151 other materials for covering existing floors; wall hangings
152 (non-textile).
153 28. Class 28 Games, toys and playthings; video game
154 apparatus; gymnastic and sporting articles; decorations for
155 Christmas trees.
156 29. Class 29 Meat, fish, poultry and game; meat extracts;
157 preserved, frozen, dried and cooked fruits and vegetables;
158 jellies, jams, compotes; eggs; milk and milk products; oils and
159 fats for food.
160 30. Class 30 Coffee, tea, cocoa and artificial coffee;
161 rice; tapioca and sago; flour and preparations made from
162 cereals; bread, pastries and confectionery; edible ices; sugar,
163 honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
164 sauces (condiments); spices; ice (frozen water).
165 31. Class 31 Raw and unprocessed agricultural,
166 aquacultural, horticultural and forestry products; raw and
167 unprocessed grains and seeds; fresh fruits and vegetables, fresh
168 herbs; natural plants and flowers; bulbs, seedlings and seeds
169 for planting; live animals; foodstuffs and beverages for
170 animals; malt.
171 32. Class 32 Beers; mineral and aerated waters and other
172 non-alcoholic beverages; fruit beverages and fruit juices;
173 syrups and other preparations for making beverages.
174 33. Class 33 Alcoholic beverages (except beers).
175 34. Class 34 Tobacco; smokers’ articles; matches.
176 (b) Services:
177 1. Class 35 Advertising; business management; business
178 administration; office functions.
179 2. Class 36 Insurance; financial affairs; monetary
180 affairs; real estate affairs.
181 3. Class 37 Building construction; repair; installation
182 services.
183 4. Class 38 Telecommunications.
184 5. Class 39 Transport; packaging and storage of goods;
185 travel arrangement.
186 6. Class 40 Treatment of materials.
187 7. Class 41 Education; providing of training;
188 entertainment; sporting and cultural activities.
189 8. Class 42 Scientific and technological services and
190 research and design relating thereto; industrial analysis and
191 research services; design and development of computer hardware
192 and software.
193 9. Class 43 Services for providing food and drink;
194 temporary accommodation.
195 10. Class 44 Medical services; veterinary services;
196 hygienic and beauty care for human beings or animals;
197 agriculture, horticulture and forestry services.
198 11. Class 45 Legal services; security services for the
199 physical protection of tangible property and individuals;
200 personal and social services rendered by others to meet the
201 needs of individuals.
202 (c) Certification and collective membership marks:
203 1. Class 200 Collective membership marks.
204 2. Class A Certification marks for goods.
205 3. Class B Certification marks for services.
206 (d) The goods and services recited in collective trademark
207 and collective service mark applications are assigned to the
208 same classes that are appropriate for those goods and services
209 in general.
210 Section 3. Section 495.029, Florida Statutes, is created to
211 read:
212 495.029 Online registration system.—By July 1, 2027, the
213 department shall establish and maintain a secure online
214 registration system to safeguard an applicant’s information and
215 ensure data integrity. The online registration system must allow
216 an applicant to do all of the following:
217 (1) Submit an application in accordance with ss. 495.031
218 and 495.035.
219 (2) Submit a renewal application in accordance with s.
220 495.071.
221 (3) Submit an electronic version of a required specimen of
222 use.
223 (4) Submit an electronic version of a drawing of the mark.
224 (5) Pay the fee required by s. 495.191.
225 (6) Complete the verification required by s. 495.031(5).
226 Section 4. Subsections (5) and (6) of section 495.031,
227 Florida Statutes, are amended to read:
228 495.031 Application for registration.—
229 (5) Every application under this section must shall be
230 signed and verified by the applicant or by a member of the firm
231 or an officer or other authorized representative of the business
232 entity applying. Verification must be made in accordance with s.
233 92.525.
234 (6) Every paper application under this section must shall
235 be accompanied by three specimens or facsimiles showing the mark
236 as actually used. Every electronic application filed pursuant to
237 s. 495.029 must be accompanied by an electronic copy of a
238 specimen showing the mark as actually used.
239 Section 5. This act shall take effect July 1, 2026.