Registration of Trademarks

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An act relating to registration of trademarks; 2
amending s. 495.111, F.S.; removing provisions 3
relating to the classification of goods and services 4
for trademark purposes; requiring the Department of 5
State to use the international schedule of classes of 6
goods and services; creating s. 495.0315, F.S.; 7
requiring the department to establish and maintain a 8
secure Internet website that allows submission of an 9
online trademark registration application and renewal 10
application; providing website requirements; requiring 11
the department to make the online application system 12
available by a specified date; amending s. 495.031, 13
F.S.; providing online application requirements; 14
providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Subsection (1) of section 495.111, Florida 19
Statutes, is amended to read: 20
495.111 Classification.— 21
(1) The department shall use the international schedule of 22
classes of goods and services as set forth in 37 C.F.R. s. 6.1, 23
as amended, as the state classification system for trademarks. 24
The following general classes of goods and services, conforming 25

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to the classification adopted by the United States Patent and 26
Trademark Office, are established for convenience of 27
administration of this chapter: 28
(a) Goods: 29
1. Class 1 Chemicals for use in industry, science and 30
photography, as well as in agriculture, horticulture and 31
forestry; unprocessed artificial resins, unprocessed plastics; 32
fire extinguishing and fire prevention compositions; tempering 33
and soldering preparations; substances for tanning animal skins 34
and hides; adhesives for use in industry; putties and other 35
paste fillers; compost, manures, fertilizers; biological 36
preparations for use in industry and science. 37
2. Class 2 Paints, varnishes, lacquers; preservatives 38
against rust and against deterioration of wood; colorants, dyes; 39
inks for printing, marking and engraving; raw natural resins; 40
metals in foil and powder form for use in painting, decorating, 41
printing and art. 42
3. Class 3 Non-medicated cosmetics and toiletry 43
preparations; non-medicated dentifrices; perfumery, essential 44
oils; bleaching preparations and other substances for laundry 45
use; cleaning, polishing, scouring and abrasive preparations. 46
4. Class 4 Industrial oils and greases, wax; lubricants; 47
dust absorbing, wetting and binding compositions; fuels and 48
illuminants; candles and wicks for lighting. 49
5. Class 5 Pharmaceuticals, medical and veterinary 50

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preparations; sanitary preparations for medical purposes; 51
dietetic food and substances adapted for medical or veterinary 52
use, food for babies; dietary supplements for humans and 53
animals; plasters, materials for dressings; material for 54
stopping teeth, dental wax; disinfectants; preparations for 55
destroying vermin; fungicides, herbicides. 56
6. Class 6 Common metals and their alloys, ores; metal 57
materials for building and construction; transportable buildings 58
of metal; non-electric cables and wires of common metal; small 59
items of metal hardware; metal containers for storage or 60
transport; safes. 61
7. Class 7 Machines, machine tools, power-operated tools; 62
motors and engines, except for land vehicles; machine coupling 63
and transmission components, except for land vehicles; 64
agricultural implements, other than hand-operated hand tools; 65
incubators for eggs; automatic vending machines. 66
8. Class 8 Hand tools and implements, hand-operated; 67
cutlery; side arms, except firearms; razors. 68
9. Class 9 Scientific, nautical, surveying, photographic, 69
cinematographic, optical, weighing, measuring, signaling, 70
checking (supervision), life-saving and teaching apparatus and 71
instruments; apparatus and instruments for conducting, 72
switching, transforming, accumulating, regulating or controlling 73
electricity; apparatus for recording, transmission or 74
reproduction of sound or images; magnetic data carriers, 75

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recording discs; compact discs, DVDs and other digital recording 76
media; mechanisms for coin-operated apparatus; cash registers, 77
calculating machines, data processing equipment, computers; 78
computer software; fire-extinguishing apparatus. 79
10. Class 10 Surgical, medical, dental and veterinary 80
apparatus and instruments; artificial limbs, eyes and teeth; 81
orthopaedic articles; suture materials; therapeutic and 82
assistive devices adapted for the disabled; massage apparatus; 83
apparatus, devices and articles for nursing infants; sexual 84
activity apparatus, devices and articles. 85
11. Class 11 Apparatus for lighting, heating, steam 86
generating, cooking, refrigerating, drying, ventilating, water 87
supply and sanitary purposes. 88
12. Class 12 Vehicles; apparatus for locomotion by land, 89
air or water. 90
13. Class 13 Firearms; ammunition and projectiles; 91
explosives; fireworks. 92
14. Class 14 Precious metals and their alloys; jewellery, 93
precious and semi-precious stones; horological and chronometric 94
instruments. 95
15. Class 15 Musical instruments. 96
16. Class 16 Paper and cardboard; 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

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paintbrushes; instructional and teaching materials; plastic 101
sheets, films and bags for wrapping and packaging; printers' 102
type, printing blocks. 103
17. Class 17 Unprocessed and semi-processed rubber, 104
gutta-percha, gum, asbestos, mica and substitutes for all these 105
materials; plastics and resins in extruded form for use in 106
manufacture; packing, stopping and insulating materials; 107
flexible pipes, tubes and hoses, not of metal. 108
18. Class 18 Leather and imitations of leather; animal 109
skins and hides; luggage and carrying bags; umbrellas and 110
parasols; walking sticks; whips, harness and saddlery; collars, 111
leashes and clothing for animals. 112
19. Class 19 Building materials (non-metallic); non-113
metallic rigid pipes for building; asphalt, pitch and bitumen; 114
non-metallic transportable buildings; monuments, not of metal. 115
20. Class 20 Furniture, mirrors, picture frames; 116
containers, not of metal, for storage or transport; unworked or 117
semi-worked bone, horn, whalebone or mother-of-pearl; shells; 118
meerschaum; yellow amber. 119
21. Class 21 Household or kitchen utensils and 120
containers; cookware and tableware, except forks, knives and 121
spoons; combs and sponges; brushes, except paintbrushes; brush-122
making materials; articles for cleaning purposes; unworked or 123
semi-worked glass, except building glass; glassware, porcelain 124
and earthenware. 125

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22. Class 22 Ropes and string; nets; tents and 126
tarpaulins; awnings of textile or synthetic materials; sails; 127
sacks for the transport and storage of materials in bulk; 128
padding, cushioning and stuffing materials, except of paper, 129
cardboard, rubber or plastics; raw fibrous textile materials and 130
substitutes therefor. 131
23. Class 23 Yarns and threads, for textile use. 132
24. Class 24 Textiles and substitutes for textiles; 133
household linen; curtains of textile or plastic. 134
25. Class 25 Clothing, footwear, headgear. 135
26. Class 26 Lace and embroidery, ribbons and braid; 136
buttons, hooks and eyes, pins and needles; artificial flowers; 137
hair decorations; false hair. 138
27. Class 27 Carpets, rugs, mats and matting, linoleum 139
and other materials for covering existing floors; wall hangings 140
(non-textile). 141
28. Class 28 Games, toys and playthings; video game 142
apparatus; gymnastic and sporting articles; decorations for 143
Christmas trees. 144
29. Class 29 Meat, fish, poultry and game; meat extracts; 145
preserved, frozen, dried and cooked fruits and vegetables; 146
jellies, jams, compotes; eggs; milk and milk products; oils and 147
fats for food. 148
30. Class 30 Coffee, tea, cocoa and artificial coffee; 149
rice; tapioca and sago; flour and preparations made from 150

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cereals; bread, pastries and confectionery; edible ices; sugar, 151
honey, treacle; yeast, baking-powder; salt; mustard; vinegar, 152
sauces (condiments); spices; ice (frozen water). 153
31. Class 31 Raw and unprocessed agricultural, 154
aquacultural, horticultural and forestry products; raw and 155
unprocessed grains and seeds; fresh fruits and vegetables, fresh 156
herbs; natural plants and flowers; bulbs, seedlings and seeds 157
for planting; live animals; foodstuffs and beverages for 158
animals; malt. 159
32. Class 32 Beers; mineral and aerated waters and other 160
non-alcoholic beverages; fruit beverages and fruit juices; 161
syrups and other preparations for making beverages. 162
33. Class 33 Alcoholic beverages (except beers). 163
34. Class 34 Tobacco; smokers' articles; matches. 164
(b) Services: 165
1. Class 35 Advertising; business management; business 166
administration; office functions. 167
2. Class 36 Insurance; financial affairs; monetary 168
affairs; real estate affairs. 169
3. Class 37 Building construction; repair; installation 170
services. 171
4. Class 38 Telecommunications. 172
5. Class 39 Transport; packaging and storage of goods; 173
travel arrangement. 174
6. Class 40 Treatment of materials. 175

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7. Class 41 Education; providing of training; 176
entertainment; sporting and cultural activities. 177
8. Class 42 Scientific and technological services and 178
research and design relating thereto; industrial analysis and 179
research services; design and development of computer hardware 180
and software. 181
9. Class 43 Services for providing food and drink; 182
temporary accommodation. 183
10. Class 44 Medical services; veterinary services; 184
hygienic and beauty care for human beings or animals; 185
agriculture, horticulture and forestry services. 186
11. Class 45 Legal services; security services for the 187
physical protection of tangible property and individuals; 188
personal and social services rendered by others to meet the 189
needs of individuals. 190
(c) Certification and collective membership marks: 191
1. Class 200 Collective membership marks. 192
2. Class A Certification marks for goods. 193
3. Class B Certification marks for services. 194
(d) The goods and services recited in collective trademark 195
and collective service mark applications are assigned to the 196
same classes that are appropriate for those goods and services 197
in general. 198
Section 2. Section 495.0315, Florida Statutes, is created 199
to read: 200

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495.0315 Online application for registration.— 201
(1) The department shall establish and maintain a secure 202
Internet website that allows an applicant to submit an online 203
trademark registration application in accordance with ss. 204
495.031 and 495.035 and a renewal application in accordance with 205
s. 495.071. The website must safeguard the applicant's 206
information to ensure data integrity and allow the applicant to: 207
(a) Provide an electronic version of a required specimen 208
of use. 209
(b) Provide an electronic version of a drawing of the 210
mark. 211
(c) Pay the fee required by s. 495.191. 212
(d) Complete the verification required by s. 495.031(5). 213
(2) The department shall make the online application 214
system required by this section available no later than December 215
31, 2027. 216
Section 3. Subsections (5) and (6) of section 495.031, 217
Florida Statutes, are amended to read: 218
495.031 Application for registration.— 219
(5) Every application under this section shall be signed 220
and verified by the applicant or by a member of the firm or an 221
officer or other authorized representative of the business 222
entity applying. Verification must be made in accordance with s. 223
92.525 and may be accomplished electronically in compliance with 224
ss. 668.001-668.006. 225

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(6) Every paper application under this section shall be 226
accompanied by three specimens or facsimiles showing the mark as 227
actually used. Every online application under this section must 228
be accompanied by an electronic copy of a specimen, complying 229
with the requirements of the department, showing the mark as 230
actually used. 231
Section 4. This act shall take effect July 1, 2026. 232