Florida Statute 495.071 | 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. 495.071

495.071 Duration and renewal.—

(1) Registration of a mark hereunder shall be effective for a term of 5 years from the date of registration and, upon application filed within 6 months prior to the expiration of such term, in a manner and form complying with the requirements of the department, the registration may be renewed for a like term beginning at the end of the expiring term. Every application under this section shall be accompanied by a filing fee, payable to the department in accordance with s. 495.191.

(2) A registration may be renewed for successive periods of 5 years in like manner.

(3) Any registration in effect on January 1, 2007, shall continue in effect for the unexpired term thereof and may be renewed by filing an application for renewal with the department in a manner and form complying with the requirements of the department and paying the renewal fee therefor within 6 months prior to the expiration of the registration.

(4) All applications for renewal under this chapter, whether of registrations made under this act or of registrations made under any prior acts, shall include a verified statement that the mark is still in use in this state, and shall include a specimen showing actual use of the mark on or in connection with the goods or services subject to the renewal application, or shall state that its nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark.

History.—s. 1, ch. 67-58; s. 2, ch. 67-560; ss. 10, 35, ch. 69-106; s. 6, ch. 71-114; s. 8, ch. 89-359; s. 60, ch. 90-132; s. 4, ch. 99-218; s. 9, ch. 2006-191.

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Amendments to 495.071

Arrestable Offenses / Crimes under Fla. Stat. 495.071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 495.071.

Annotations, Discussions, Cases:

Cases Citing Statute 495.071

Total Results: 4

Schrimsher v. School Bd.

Court: District Court of Appeal of Florida | Date Filed: 1997-06-04

Citation: 694 So. 2d 856, 1997 WL 295277

Snippet: has substituted contrary findings. 340 U.S. at 495, 71 S.Ct. at 468, 95 L.Ed. at 471. Id. at 579. To reconcile

Attorney General of Florida ex rel. State v. D'Agosto

Court: District Court of Appeal of Florida | Date Filed: 1989-04-12

Citation: 541 So. 2d 167, 14 Fla. L. Weekly 911, 1989 Fla. App. LEXIS 1882, 1989 WL 33953

Snippet: of Carbondale vs. Yehling, et. al. [96 Ill.2d 495, 71 Ill.Dec. 683], 451 N.E.2d 837 (Ill.1983). [[Image

McDonald v. Dept. of Banking and Finance

Court: District Court of Appeal of Florida | Date Filed: 1977-05-10

Citation: 346 So. 2d 569

Snippet: has substituted contrary findings. 340 U.S. at 495, 71 S.Ct. at 468, 95 L.Ed. at 471. In determining whether

Sims Tire Service, Inc. v. Parker

Court: Supreme Court of Florida | Date Filed: 1941-02-04

Citation: 200 So. 524, 146 Fla. 23, 1941 Fla. LEXIS 1067

Snippet: Fidelity Cas. Co. v. Moore, 143 Fla. 103, 196 So. 495, 71 C. J. 711. The evidence is ample to sustain the