H 679

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2An act relating to registration of trademarks;
3amending s. 495.111, F.S.; removing provisions
4relating to the classification of goods and services
5for trademark purposes; requiring the Department of
6State to use the international schedule of classes of
7goods and services; creating s. 495.0315, F.S.;
8requiring the department to establish and maintain a
9secure Internet website that allows submission of an
10online trademark registration application and renewal
11application; providing website requirements; requiring
12the department to make the online application system
13available by a specified date; amending s. 495.031,
14F.S.; providing online application requirements;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19Section 1.  Subsection (1) of section 495.111, Florida
20Statutes, is amended to read:
21495.111       Classification.—
22(1)     The department shall use the international schedule of
23classes of goods and services as set forth in 37 C.F.R. s. 6.1,
24as amended, as the state classification system for trademarks.
25The following general classes of goods and services, conforming
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26    to the classification adopted by the United States Patent and
27    Trademark Office, are established for convenience of
28    administration of this chapter:
29(a)      Goods:
301.      Class 1       Chemicals for use in industry, science and
31    photography, as well as in agriculture, horticulture and
32    forestry; unprocessed artificial resins, unprocessed plastics;
33    fire extinguishing and fire prevention compositions; tempering
34    and soldering preparations; substances for tanning animal skins
35    and hides; adhesives for use in industry; putties and other
36    paste fillers; compost, manures, fertilizers; biological
37    preparations for use in industry and science.
382.      Class 2       Paints, varnishes, lacquers; preservatives
39    against rust and against deterioration of wood; colorants, dyes;
40    inks for printing, marking and engraving; raw natural resins;
41    metals in foil and powder form for use in painting, decorating,
42    printing and art.
433.      Class 3       Non-medicated cosmetics and toiletry
44    preparations; non-medicated dentifrices; perfumery, essential
45    oils; bleaching preparations and other substances for laundry
46    use; cleaning, polishing, scouring and abrasive preparations.
474.      Class 4       Industrial oils and greases, wax; lubricants;
48    dust absorbing, wetting and binding compositions; fuels and
49    illuminants; candles and wicks for lighting.
505.      Class 5       Pharmaceuticals, medical and veterinary
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51    preparations; sanitary preparations for medical purposes;
52    dietetic food and substances adapted for medical or veterinary
53    use, food for babies; dietary supplements for humans and
54    animals; plasters, materials for dressings; material for
55    stopping teeth, dental wax; disinfectants; preparations for
56    destroying vermin; fungicides, herbicides.
576.      Class 6       Common metals and their alloys, ores; metal
58    materials for building and construction; transportable buildings
59    of metal; non-electric cables and wires of common metal; small
60    items of metal hardware; metal containers for storage or
61    transport; safes.
627.      Class 7       Machines, machine tools, power-operated tools;
63    motors and engines, except for land vehicles; machine coupling
64    and transmission components, except for land vehicles;
65    agricultural implements, other than hand-operated hand tools;
66    incubators for eggs; automatic vending machines.
678.      Class 8       Hand tools and implements, hand-operated;
68    cutlery; side arms, except firearms; razors.
699.      Class 9       Scientific, nautical, surveying, photographic,
70    cinematographic, optical, weighing, measuring, signaling,
71    checking (supervision), life-saving and teaching apparatus and
72    instruments; apparatus and instruments for conducting,
73    switching, transforming, accumulating, regulating or controlling
74    electricity; apparatus for recording, transmission or
75    reproduction of sound or images; magnetic data carriers,
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76     recording discs; compact discs, DVDs and other digital recording
77     media; mechanisms for coin-operated apparatus; cash registers,
78     calculating machines, data processing equipment, computers;
79     computer software; fire-extinguishing apparatus.
8010.     Class 10  Surgical, medical, dental and veterinary
81     apparatus and instruments; artificial limbs, eyes and teeth;
82     orthopaedic articles; suture materials; therapeutic and
83     assistive devices adapted for the disabled; massage apparatus;
84     apparatus, devices and articles for nursing infants; sexual
85     activity apparatus, devices and articles.
8611.     Class 11  Apparatus for lighting, heating, steam
87     generating, cooking, refrigerating, drying, ventilating, water
88     supply and sanitary purposes.
8912.     Class 12  Vehicles; apparatus for locomotion by land,
90     air or water.
9113.     Class 13  Firearms; ammunition and projectiles;
92     explosives; fireworks.
9314.     Class 14  Precious metals and their alloys; jewellery,
94     precious and semi-precious stones; horological and chronometric
95     instruments.
9615.     Class 15  Musical instruments.
9716.     Class 16  Paper and cardboard; printed matter;
98     bookbinding material; photographs; stationery and office
99     requisites, except furniture; adhesives for stationery or
100    household purposes; drawing materials and materials for artists;
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101    paintbrushes; instructional and teaching materials; plastic
102    sheets, films and bags for wrapping and packaging; printers'
103    type, printing blocks.
10417.     Class 17  Unprocessed and semi-processed rubber,
105    gutta-percha, gum, asbestos, mica and substitutes for all these
106    materials; plastics and resins in extruded form for use in
107    manufacture; packing, stopping and insulating materials;
108    flexible pipes, tubes and hoses, not of metal.
10918.     Class 18  Leather and imitations of leather; animal
110    skins and hides; luggage and carrying bags; umbrellas and
111    parasols; walking sticks; whips, harness and saddlery; collars,
112    leashes and clothing for animals.
11319.     Class 19  Building materials (non-metallic); non-
114    metallic rigid pipes for building; asphalt, pitch and bitumen;
115    non-metallic transportable buildings; monuments, not of metal.
11620.     Class 20  Furniture, mirrors, picture frames;
117    containers, not of metal, for storage or transport; unworked or
118    semi-worked bone, horn, whalebone or mother-of-pearl; shells;
119    meerschaum; yellow amber.
12021.     Class 21  Household or kitchen utensils and
121    containers; cookware and tableware, except forks, knives and
122    spoons; combs and sponges; brushes, except paintbrushes; brush-
123    making materials; articles for cleaning purposes; unworked or
124    semi-worked glass, except building glass; glassware, porcelain
125    and earthenware.
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12622.     Class 22  Ropes and string; nets; tents and
127    tarpaulins; awnings of textile or synthetic materials; sails;
128    sacks for the transport and storage of materials in bulk;
129    padding, cushioning and stuffing materials, except of paper,
130    cardboard, rubber or plastics; raw fibrous textile materials and
131    substitutes therefor.
13223.     Class 23  Yarns and threads, for textile use.
13324.     Class 24  Textiles and substitutes for textiles;
134    household linen; curtains of textile or plastic.
13525.     Class 25  Clothing, footwear, headgear.
13626.     Class 26  Lace and embroidery, ribbons and braid;
137    buttons, hooks and eyes, pins and needles; artificial flowers;
138    hair decorations; false hair.
13927.     Class 27  Carpets, rugs, mats and matting, linoleum
140    and other materials for covering existing floors; wall hangings
141    (non-textile).
14228.     Class 28  Games, toys and playthings; video game
143    apparatus; gymnastic and sporting articles; decorations for
144    Christmas trees.
14529.     Class 29  Meat, fish, poultry and game; meat extracts;
146    preserved, frozen, dried and cooked fruits and vegetables;
147    jellies, jams, compotes; eggs; milk and milk products; oils and
148    fats for food.
14930.     Class 30  Coffee, tea, cocoa and artificial coffee;
150    rice; tapioca and sago; flour and preparations made from
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151    cereals; bread, pastries and confectionery; edible ices; sugar,
152    honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
153    sauces (condiments); spices; ice (frozen water).
15431.      Class 31  Raw and unprocessed agricultural,
155    aquacultural, horticultural and forestry products; raw and
156    unprocessed grains and seeds; fresh fruits and vegetables, fresh
157    herbs; natural plants and flowers; bulbs, seedlings and seeds
158    for planting; live animals; foodstuffs and beverages for
159    animals; malt.
16032.      Class 32  Beers; mineral and aerated waters and other
161    non-alcoholic beverages; fruit beverages and fruit juices;
162    syrups and other preparations for making beverages.
16333.      Class 33  Alcoholic beverages (except beers).
16434.      Class 34  Tobacco; smokers' articles; matches.
165(b)      Services:
1661.      Class 35      Advertising; business management; business
167    administration; office functions.
1682.      Class 36      Insurance; financial affairs; monetary
169    affairs; real estate affairs.
1703.      Class 37      Building construction; repair; installation
171    services.
1724.      Class 38      Telecommunications.
1735.      Class 39      Transport; packaging and storage of goods;
174    travel arrangement.
1756.      Class 40      Treatment of materials.
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1767.      Class 41       Education; providing of training;
177    entertainment; sporting and cultural activities.
1788.      Class 42       Scientific and technological services and
179    research and design relating thereto; industrial analysis and
180    research services; design and development of computer hardware
181    and software.
1829.      Class 43       Services for providing food and drink;
183    temporary accommodation.
18410.      Class 44  Medical services; veterinary services;
185    hygienic and beauty care for human beings or animals;
186    agriculture, horticulture and forestry services.
18711.      Class 45  Legal services; security services for the
188    physical protection of tangible property and individuals;
189    personal and social services rendered by others to meet the
190    needs of individuals.
191(c)      Certification and collective membership marks:
1921.      Class 200  Collective membership marks.
1932.      Class A       Certification marks for goods.
1943.      Class B       Certification marks for services.
195(d)      The goods and services recited in collective trademark
196    and collective service mark applications are assigned to the
197    same classes that are appropriate for those goods and services
198    in general.
199Section 2.  Section 495.0315, Florida Statutes, is created
200    to read:
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201495.0315  Online application for registration.—
202(1)     The department shall establish and maintain a secure
203    Internet website that allows an applicant to submit an online
204    trademark registration application in accordance with ss.
205    495.031 and 495.035 and a renewal application in accordance with
206    s. 495.071. The website must safeguard the applicant's
207    information to ensure data integrity and allow the applicant to:
208(a)     Provide an electronic version of a required specimen
209    of use.
210(b)     Provide an electronic version of a drawing of the
211    mark.
212(c)     Pay the fee required by s. 495.191.
213(d)     Complete the verification required by s. 495.031(5).
214(2)     The department shall make the online application
215    system required by this section available no later than December
216    31, 2027.
217Section 3.  Subsections (5) and (6) of section 495.031,
218    Florida Statutes, are amended to read:
219495.031       Application for registration.—
220(5)     Every application under this section shall be signed
221    and verified by the applicant or by a member of the firm or an
222    officer or other authorized representative of the business
223    entity applying. Verification must be made in accordance with s.
224    92.525 and may be accomplished electronically in compliance with
225    ss. 668.001-668.006.
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226(6)     Every paper application under this section shall be
227    accompanied by three specimens or facsimiles showing the mark as
228    actually used. Every online application under this section must
229    be accompanied by an electronic copy of a specimen, complying
230    with the requirements of the department, showing the mark as
231    actually used.
232Section 4.  This act shall take effect July 1, 2026.
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