Florida Statute 495.061 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 495
REGISTRATION AND PROTECTION OF TRADEMARKS

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495.061 Certificate of registration.—

(1) Upon compliance by the applicant with the requirements of this chapter, the department shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the name and business address and, if a business entity, the place of incorporation or organization, of the person claiming ownership of the mark in this state, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class or classes of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration.

(2) Any certificate of registration issued by the department under the provisions hereof or a copy thereof duly certified by the department shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state, and shall be prima facie evidence of the validity of the registration, registrant’s ownership of the mark, and of registrant’s exclusive right to use the mark in this state on or in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated therein.

History.—s. 1, ch. 67-58; ss. 10, 35, ch. 69-106; s. 5, ch. 90-222; s. 8, ch. 2006-191.

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Amendments to 495.061

Annotations, Discussions, Cases:

Cases Citing Statute 495.061

Total Results: 5 | Sort by: Relevance | Newest First

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Tally-Ho, Inc., a Florida Corp., Plaintiff-Counter-Defendant-Appellant v. Coast Cmty. Coll. Dist., Defendant-Counter-Plaintiff-Appellee, 889 F.2d 1018 (11th Cir. 1990).

Cited 101 times | Published | Court of Appeals for the Eleventh Circuit

...istrant’s ownership of the mark, and of registrant’s exclusive right to use the mark in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated therein.” FLA. STAT.ANN. § 495.061(2) (West 1988); 8 Abner’s Beef House Corp....

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Abner's Beef House Corp. v. Abner's Internat'l, Inc., 227 So. 2d 865 (Fla. 1969).

Cited 14 times | Published | Supreme Court of Florida

...Section 495.011(11), F.S.A., the definition section of the statute, we note that a mark is deemed to be "used" from the first time it is placed tagged, labelled or displayed on or in connection with a sale of goods or rendition of service in the state. F.S. Section 495.061, F.S.A., provides that upon registration of a mark with the Secretary of State, he shall issue a certificate of registration to the person claiming ownership which, among other things, shall indicate the date claimed for the first use of the mark....

...facie evidence of the validity of the registration, registrant's ownership of the mark, and of registrant's exclusive right to the mark in this state, "subject to any conditions and limitations stated therein." The District Court of Appeal refers to Section 495.061 summarized above, stating that the plaintiff (Respondent) tendered in evidence its certificate of service mark, and thereby presented a prima facie case that plaintiff was the owner of the mark and had the exclusive right to use said service mark in connection with its business in this state....

...ge, and especially so where prior rights of others have accrued in the mark, or which are in the process of being bona fide acquired, under the common law. It is directed that Respondent's registration of the service mark be amended pursuant to F.S. Section 495.061(2), F.S.A., to show that it is the subject of a limitation, viz., it does not exclude Petitioners' use of the name, "Abner's." Respondent's registration does, however, exclude all others save Petitioners from the potential use of the name, "Abner's," in a similar restaurant franchise business in the state....

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Tio Pepe, Inc. v. El Tio Pepe De Miami Restaurant, Inc., 523 So. 2d 1158 (Fla. 3d DCA 1988).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 6 U.S.P.Q. 2d (BNA) 1228, 13 Fla. L. Weekly 229, 1988 Fla. App. LEXIS 265, 1988 WL 4044

...ring it weak. Holiday Inns, 481 F.2d at 450; Chassis Master, 610 F. Supp. at 479. Accordingly, the final judgment appealed from is reversed and the cause remanded for further proceedings consistent with this opinion. Reversed and remanded. NOTES [1] § 495.061, Fla....

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Florida Van Rentals, Inc. v. Auto Mobility Sales, Inc., 85 F. Supp. 3d 1300 (M.D. Fla. 2015).

Cited 1 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 4451, 2015 WL 179294

...37-18, which serves as “prima facie evidence of the validity of the registration, registrant’s ownership of the mark, and of registrant’s exclusive right to use the mark in [Florida] on or in connection with the goods or services specified in the certificate,” Fla. Stat. § 495.061 (2)....

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Chase Med. Grp. v. Palmetto Clinic Ctr., 549 So. 2d 1111 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2316, 1989 Fla. App. LEXIS 5374, 1989 WL 114479

...This registration constitutes “pri-ma facie evidence of the validity of the registration, registrant’s ownership of the mark, and of registrant’s exclusive right to use the mark in this state in connection with the ... services specified in the certificate.” § 495.061(2), Fla....

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