Florida Statute 495.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 495.061

Total Results: 4

Fletcher v. Anderson

Court: District Court of Appeal of Florida | Date Filed: 1993-04-23

Citation: 616 So. 2d 1201, 1993 WL 125107

Snippet: Sup. Ct. 1960); Cooper v. Greenberg, 191 Va. 495, 61 S.E.2d 875 (Va. 1950). However, one is not entitled

Chase Medical Group v. Palmetto Clinic Center

Court: District Court of Appeal of Florida | Date Filed: 1989-10-03

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1988-01-19

Citation: 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

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

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

Court: Supreme Court of Florida | Date Filed: 1969-10-29

Citation: 227 So. 2d 865

Snippet: rendition of service in the state. F.S. Section 495.061, F.S.A., provides that upon registration of a mark