The 2023 Florida Statutes (including Special Session C)

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

Chapter 495
REGISTRATION AND PROTECTION OF TRADEMARKS

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F.S. 495.061

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.

F.S. 495.061 on Google Scholar

F.S. 495.061 on Casetext

Amendments to 495.061

Arrestable Offenses / Crimes under Fla. Stat. 495.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 495.061.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA VAN RENTALS, INC. v. AUTO MOBILITY SALES, INC., 85 F. Supp. 3d 1300 (M.D. Fla. 2015)

. . . . § 495.061(2). . . .

TALLY- HO, INC. A v. COAST COMMUNITY COLLEGE DISTRICT,, 889 F.2d 1018 (11th Cir. 1989)

. . . . § 495.061(2) (West 1988); Abner’s Beef House Corp. v. . . .

CHASE MEDICAL GROUP, d b a v. PALMETTO CLINIC CENTER, O., 549 So. 2d 1111 (Fla. Dist. Ct. App. 1989)

. . . .” § 495.061(2), Fla. Stat. (1987). . . .

TIO PEPE, INC. v. EL TIO PEPE MIAMI RESTAURANT, INC., 523 So. 2d 1158 (Fla. Dist. Ct. App. 1988)

. . . . § 495.061, Fla.Stat. (1985). . The Tio Pepe of Miami. . . . .

ABNER S BEEF HOUSE CORPORATION, a s a s a s, a v. ABNER S INTERNATIONAL, INC. a, 227 So. 2d 865 (Fla. 1969)

. . . Section 495.061, F.S.A., provides that upon registration of a mark with the Secretary of State, he shall . . . The District Court of Appeal refers to Section 495.061 summarized above, stating that the plaintiff ( . . . Section 495.061(2), F.S.A., to show that it is the subject of a limitation, viz., it does not exclude . . .