Florida Statutes
Fla. Stat. § 495.061 (2025)
Certificate of registration.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1969–2025 · leading case: Abner's Beef House Corp. v. Abner's Internat'l, Inc., 227 So. 2d 865 (Fla. 1969).
Abner's Beef House Corp. v. Abner's Internat'l, Inc., 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 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.”
Tio Pepe, Inc. v. El Tio Pepe De Miami Restaurant, Inc., 523 So. 2d 1158 (Fla. 3d DCA 1988). “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 (M.D. Fla. 2015). “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. §…”
Chase Med. Grp. v. Palmetto Clinic Ctr., 549 So. 2d 1111 (Fla. 3d DCA 1989). “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 .”
Aspire Health Partners, Inc. v. Aspire MGT LLC (M.D. Fla. 2025). “) Nonetheless, contrary to Defendant’s argument, Plaintiff’s marks are valid.”
Aspire Health Partners, Inc. v. Aspire MGT LLC (M.D. Fla. 2024). “§ 495.061 . Moreover, Defendant does not contend that Plaintiff lacks priority in its mark, (see Dkt.”
— 495.061(2) — 2 cases
Abner's Beef House Corp. v. Abner's Internat'l, Inc., 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 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.”
Chase Med. Grp. v. Palmetto Clinic Ctr., 549 So. 2d 1111 (Fla. 3d DCA 1989). “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 .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.