Read the full stored bill text
Florida Senate
-
2026
CS for SB 696
By
the Committee on Rules; and Senator Martin
595-02946-26 2026696c1
1 A bill to be entitled
2 An act relating to registration of trademarks;
3 amending s. 495.111, F.S.; requiring the Department of
4 State to use the international schedule of classes of
5 goods and services for trademarks; deleting provisions
6 relating to the classification of goods and services
7 for trademark purposes; amending s. 495.031, F.S.;
8 providing online application requirements; creating s.
9 495.0315, F.S.; requiring the department to establish
10 and maintain a secure Internet website that allows
11 submission of an online trademark registration
12 application and renewal application; providing website
13 requirements; requiring the department to make the
14 online application system available by a specified
15 date; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (1) of section 495.111, Florida
20 Statutes, is amended to read:
21 495.111 Classification.—
22 (1)
The department shall use the international schedule of
23
classes of goods and services as set forth in 37 C.F.R. s. 6.1,
24
as amended, as the state classification system for trademarks
25
The following general classes of goods and services, conforming
26
to the classification adopted by the United States Patent and
27
Trademark Office, are established for convenience of
28
administration of this chapter:
29
(a)
Goods:
30
1.
Class 1
Chemicals for use in industry, science and
31
photography, as well as in agriculture, horticulture and
32
forestry; unprocessed artificial resins, unprocessed plastics;
33
fire extinguishing and fire prevention compositions; tempering
34
and soldering preparations; substances for tanning animal skins
35
and hides; adhesives for use in industry; putties and other
36
paste fillers; compost, manures, fertilizers; biological
37
preparations for use in industry and science
.
38
2.
Class 2
Paints, varnishes, lacquers; preservatives
39
against rust and against deterioration of wood; colorants, dyes;
40
inks for printing, marking and engraving; raw natural resins;
41
metals in foil and powder form for use in painting, decorating,
42
printing and art.
43
3.
Class 3
Non-medicated cosmetics and toiletry
44
preparations; non-medicated dentifrices; perfumery, essential
45
oils; bleaching preparations and other substances for laundry
46
use; cleaning, polishing, scouring and abrasive preparations.
47
4.
Class 4
Industrial oils and greases, wax; lubricants;
48
dust absorbing, wetting and binding compositions; fuels and
49
illuminants; candles and wicks for lighting.
50
5.
Class 5
Pharmaceuticals, medical and veterinary
51
preparations; sanitary preparations for medical purposes;
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dietetic food and substances adapted for medical or veterinary
53
use, food for babies; dietary supplements for humans and
54
animals; plasters, materials for dressings; material for
55
stopping teeth, dental wax; disinfectants; preparations for
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destroying vermin; fungicides, herbicides.
57
6.
Class 6
Common metals and their alloys, ores; metal
58
materials for building and construction; transportable buildings
59
of metal; non-electric cables and wires of common metal; small
60
items of metal hardware; metal containers for storage or
61
transport; safes.
62
7.
Class 7
Machines, machine tools, power-operated tools;
63
motors and engines, except for land vehicles; machine coupling
64
and transmission components, except for land vehicles;
65
agricultural implements, other than hand-operated hand tools;
66
incubators for eggs; automatic vending machines.
67
8.
Class 8
Hand tools and implements, hand-operated;
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cutlery; side arms, except firearms; razors.
69
9.
Class 9
Scientific, nautical, surveying, photographic,
70
cinematographic, optical, weighing, measuring, signaling,
71
checking (supervision), life-saving and teaching apparatus and
72
instruments; apparatus and instruments for conducting,
73
switching, transforming, accumulating, regulating or controlling
74
electricity; apparatus for recording, transmission or
75
reproduction of sound or images; magnetic data carriers,
76
recording discs; compact discs, DVDs and other digital recording
77
media; mechanisms for coin-operated apparatus; cash registers,
78
calculating machines, data processing equipment, computers;
79
computer software; fire-extinguishing apparatus.
80
10.
Class 10
Surgical, medical, dental and veterinary
81
apparatus and instruments; artificial limbs, eyes and teeth;
82
orthopaedic articles; suture materials; therapeutic and
83
assistive devices adapted for the disabled; massage apparatus;
84
apparatus, devices and articles for nursing infants; sexual
85
activity apparatus, devices and articles.
86
11.
Class 11
Apparatus for lighting, heating, steam
87
generating, cooking, refrigerating, drying, ventilating, water
88
supply and sanitary purposes.
89
12.
Class 12
Vehicles; apparatus for locomotion by land,
90
air or water.
91
13.
Class 13
Firearms; ammunition and projectiles;
92
explosives; fireworks.
93
14.
Class 14
Precious metals and their alloys; jewellery,
94
precious and semi-precious stones; horological and chronometric
95
instruments.
96
15.
Class 15
Musical instruments.
97
16.
Class 16
Paper and cardboard; printed matter;
98
bookbinding material; photographs; stationery and office
99
requisites, except furniture; adhesives for stationery or
100
household purposes; drawing materials and materials for artists;
101
paintbrushes; instructional and teaching materials; plastic
102
sheets, films and bags for wrapping and packaging; printers’
103
type, printing blocks.
104
17.
Class 17
Unprocessed and semi-processed rubber, gutta
105
percha, gum, asbestos, mica and substitutes for all these
106
materials; plastics and resins in extruded form for use in
107
manufacture; packing, stopping and insulating materials;
108
flexible pipes, tubes and hoses, not of metal.
109
18.
Class 18
Leather and imitations of leather; animal
110
skins and hides; luggage and carrying bags; umbrellas and
111
parasols; walking sticks; whips, harness and saddlery; collars,
112
leashes and clothing for animals.
113
19.
Class 19
Building materials (non-metallic); non
114
metallic rigid pipes for building; asphalt, pitch and bitumen;
115
non-metallic transportable buildings; monuments, not of metal.
116
20.
Class 20
Furniture, mirrors, picture frames;
117
containers, not of metal, for storage or transport; unworked or
118
semi-worked bone, horn, whalebone or mother-of-pearl; shells;
119
meerschaum; yellow amber.
120
21.
Class 21
Household or kitchen utensils and containers;
121
cookware and tableware, except forks, knives and spoons; combs
122
and sponges; brushes, except paintbrushes; brush-making
123
materials; articles for cleaning purposes; unworked or semi
124
worked glass, except building glass; glassware, porcelain and
125
earthenware.
126
22.
Class 22
Ropes and string; nets; tents and tarpaulins;
127
awnings of textile or synthetic materials; sails; sacks for the
128
transport and storage of materials in bulk; padding, cushioning
129
and stuffing materials, except of paper, cardboard, rubber or
130
plastics; raw fibrous textile materials and substitutes
131
therefor.
132
23.
Class 23
Yarns and threads, for textile use.
133
24.
Class 24
Textiles and substitutes for textiles;
134
household linen; curtains of textile or plastic.
135
25.
Class 25
Clothing, footwear, headgear.
136
26.
Class 26
Lace and embroidery, ribbons and braid;
137
buttons, hooks and eyes, pins and needles; artificial flowers;
138
hair decorations; false hair.
139
27.
Class 27
Carpets, rugs, mats and matting, linoleum and
140
other materials for covering existing floors; wall hangings
141
(non-textile).
142
28.
Class 28
Games, toys and playthings; video game
143
apparatus; gymnastic and sporting articles; decorations for
144
Christmas trees.
145
29.
Class 29
Meat, fish, poultry and game; meat extracts;
146
preserved, frozen, dried and cooked fruits and vegetables;
147
jellies, jams, compotes; eggs; milk and milk products; oils and
148
fats for food.
149
30.
Class 30
Coffee, tea, cocoa and artificial coffee;
150
rice; tapioca and sago; flour and preparations made from
151
cereals; bread, pastries and confectionery; edible ices; sugar,
152
honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
153
sauces (condiments); spices; ice (frozen water).
154
31.
Class 31
Raw and unprocessed agricultural,
155
aquacultural, horticultural and forestry products; raw and
156
unprocessed grains and seeds; fresh fruits and vegetables, fresh
157
herbs; natural plants and flowers; bulbs, seedlings and seeds
158
for planting; live animals; foodstuffs and beverages for
159
animals; malt.
160
32.
Class 32
Beers; mineral and aerated waters and other
161
non-alcoholic beverages; fruit beverages and fruit juices;
162
syrups and other preparations for making beverages.
163
33.
Class 33
Alcoholic beverages (except beers).
164
34.
Class 34
Tobacco; smokers’ articles; matches.
165
(b)
Services:
166
1.
Class 35
Advertising; business management; business
167
administration; office functions.
168
2.
Class 36
Insurance; financial affairs; monetary
169
affairs; real estate affairs.
170
3.
Class 37
Building construction; repair; installation
171
services.
172
4.
Class 38
Telecommunications.
173
5.
Class 39
Transport; packaging and storage of goods;
174
travel arrangement.
175
6.
Class 40
Treatment of materials.
176
7.
Class 41
Education; providing of training;
177
entertainment; sporting and cultural activities.
178
8.
Class 42
Scientific and technological services and
179
research and design relating thereto; industrial analysis and
180
research services; design and development of computer hardware
181
and software.
182
9.
Class 43
Services for providing food and drink;
183
temporary accommodation.
184
10.
Class 44
Medical services; veterinary services;
185
hygienic and beauty care for human beings or animals;
186
agriculture, horticulture and forestry services.
187
11.
Class 45
Legal services; security services for the
188
physical protection of tangible property and individuals;
189
personal and social services rendered by others to meet the
190
needs of individuals.
191
(c)
Certification and collective membership marks:
192
1.
Class 200
Collective membership marks.
193
2.
Class A
Certification marks for goods.
194
3.
Class B
Certification marks for services.
195
(d)
The goods and services recited in collective trademark
196
and collective service mark applications are assigned to the
197
same classes that are appropriate for those goods and services
198
in general.
199 Section 2. Subsections (5) and (6) of section 495.031,
200 Florida Statutes, are amended to read:
201 495.031 Application for registration.—
202 (5) Every application under this section shall be signed
203 and verified by the applicant or by a member of the firm or an
204 officer or other authorized representative of the business
205 entity applying.
Verification must be made in accordance with s.
206
92.525 and may be accomplished electronically in compliance with
207
ss. 668.001-668.006.
208 (6) Every
paper
application under this section shall be
209 accompanied by three specimens or facsimiles showing the mark as
210 actually used.
Every online application submission under s.
211
495.0315 must be accompanied by an electronic copy of a
212
specimen, complying with the requirements of the department,
213
showing the mark as actually used.
214 Section 3. Section 495.0315, Florida Statutes, is created
215 to read:
216
495.0315
Online application for registration.—
217
(1)
The department shall establish and maintain a secure
218
Internet website that allows an applicant to submit an online
219
trademark registration application in accordance with ss.
220
495.031 and 495.035 and a renewal application in accordance with
221
s. 495.071. The website must safeguard the applicant’s
222
information to ensure data integrity and allow the applicant to
223
do all of the following:
224
(a)
Provide an electronic version of a required specimen of
225
use.
226
(b)
Provide an electronic version of a drawing of the mark.
227
(c)
Pay the fee required by s. 495.191.
228
(d)
Complete the verification required by s. 495.031(5).
229
(2)
The department shall make the online application system
230
required by this section available no later than December 31,
231
2027.
232 Section 4. This act shall take effect July 1, 2026.