Florida Statutes 495.061 – Certificate of registration
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 495.061
- Applicant: means the person filing an application for registration of a mark under this chapter and the legal representatives, successors, or assigns of such person. See Florida Statutes 495.011
- Department: means the Florida Department of State or its designee charged with the administration of this chapter. See Florida Statutes 495.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mark: includes any trademark, service mark, certification mark, or collective mark entitled to registration under this chapter, whether or not registered. See Florida Statutes 495.011
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Registrant: means the person to whom the registration of a mark under this chapter is issued and the legal representatives, successors, or assigns of such person. See Florida Statutes 495.011
- Use: means the bona fide use of a mark in the ordinary course of trade and not used merely for the purpose of reserving a right in a mark. See Florida Statutes 495.011
(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.