Read the full stored bill text
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
495.0
29
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.