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

View Entire Chapter

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 CourtListener

Amendments to 495.061

Annotations, Discussions, Cases:

Cases Citing Statute 495.061

Total Results: 5

Tally-Ho, Inc., a Florida Corporation, Plaintiff-Counter-Defendant-Appellant v. Coast Community College District, Defendant-Counter-Plaintiff-Appellee

889 F.2d 1018

Court of Appeals for the Eleventh Circuit | Filed: Jan 19, 1990 | Docket: 2041120

Cited 101 times | Published

and limitations stated therein.” FLA. STAT.ANN. § 495.061(2) (West 1988); 8 Abner’s Beef House

Abner's Beef House Corp. v. Abner's Internat'l, Inc.

227 So. 2d 865

Supreme Court of Florida | Filed: Oct 29, 1969 | Docket: 1390527

Cited 14 times | Published

or rendition of service in the state. F.S. Section 495.061, F.S.A., provides that upon registration of

Tio Pepe, Inc. v. El Tio Pepe De Miami Restaurant, Inc.

523 So. 2d 1158, 6 U.S.P.Q. 2d (BNA) 1228, 13 Fla. L. Weekly 229, 1988 Fla. App. LEXIS 265, 1988 WL 4044

District Court of Appeal of Florida | Filed: Jan 19, 1988 | Docket: 1517292

Cited 3 times | Published

this opinion. Reversed and remanded. NOTES [1] § 495.061, Fla. Stat. (1985). [2] The Tio Pepe of Miami

Florida Van Rentals, Inc. v. Auto Mobility Sales, Inc.

85 F. Supp. 3d 1300, 2015 U.S. Dist. LEXIS 4451, 2015 WL 179294

District Court, M.D. Florida | Filed: Jan 14, 2015 | Docket: 64300397

Cited 1 times | Published

services specified in the certificate,” Fla. Stat. § 495.061(2). In other words, MT is afforded “a presumption

Chase Medical Group v. Palmetto Clinic Center

549 So. 2d 1111, 14 Fla. L. Weekly 2316, 1989 Fla. App. LEXIS 5374, 1989 WL 114479

District Court of Appeal of Florida | Filed: Oct 3, 1989 | Docket: 64645365

Published

the ... services specified in the certificate.” § 495.061(2), Fla. Stat. (1987). Finally, even though the