§ 495.001 Short title
§ 495.011 Definitions
§ 495.021 Registrability
§ 495.031 Application for registration
§ 495.035 Filing of applications
§ 495.041 Use by related companies
§ 495.051 Disclaimers
§ 495.061 Certificate of registration
§ 495.071 Duration and renewal
§ 495.081 Assignments; changes of name; security interests
§ 495.091 Records
§ 495.101 Cancellation
§ 495.111 Classification
§ 495.121 Fraudulent registration
§ 495.131 Infringement
§ 495.141 Remedies
§ 495.145 Forum for actions regarding registration
§ 495.151 Dilution
§ 495.161 Common-law rights
§ 495.171 Effective date; repeal of conflicting acts
§ 495.181 Construction of chapter
§ 495.191 Fees

Terms Used In Florida Statutes > Chapter 495

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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 620.1602
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Certification mark: means any word, name, symbol, or device, or any combination thereof, used by a person other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person's goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. See Florida Statutes 620.1602
  • Collective mark: means a trademark or service mark used by the members of a cooperative, an association, or other collective group or organization, and includes marks used to indicate membership in a union, an association, or other organization. See Florida Statutes 620.1602
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Florida Department of State or its designee charged with the administration of this chapter. See Florida Statutes 620.1602
  • Dilution: means the lessening of the capacity of a mark to identify and distinguish goods or services, regardless of the presence or absence of:
    (a) Competition between the owner of the mark and other parties. See Florida Statutes 620.1602
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mark: includes any trademark, service mark, certification mark, or collective mark entitled to registration under this chapter, whether or not registered. See Florida Statutes 620.1602
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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 88.6011
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 620.1602
  • Related company: means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used. See Florida Statutes 620.1602
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Service mark: means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of such person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. See Florida Statutes 620.1602
  • Service of process: The service of writs or summonses to the appropriate party.
  • Trade name: means any name used by a person to identify a business or vocation of such person. See Florida Statutes 620.1602
  • Trademark: means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown. See Florida Statutes 620.1602
  • Trustee: A person or institution holding and administering property in trust.
  • 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 620.1602
  • Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011