How Is a Trademark Registered in Florida?

Chapter 495 registration is available only for a mark already in use in Florida. Section 495.031(1) requires the application to include the applicant's name and business address, and for a business entity, its place of incorporation or organization.

It also describes the goods or services, how the mark is used and the classes involved. It gives the date the mark was first used anywhere and first used in Florida, and states that the applicant owns the mark, that the mark is in use and that, to the applicant's knowledge, no one else has registered it or has the right to use a confusingly similar mark in Florida.

The applicant or an authorized representative signs and verifies the application under section 92.525. A paper filing includes three specimens showing the mark as actually used, and an online filing includes an electronic specimen. The department may also require a drawing of the mark. Section 495.191 sets the application fee at $87.50 per class.

Renewal is filed within 6 months before the term expires. It must include a verified statement that the mark is still in use in Florida and a specimen, or a statement that nonuse is due to excusing special circumstances and not to any intention to abandon the mark. Under section 495.011(1)(a), nonuse for 3 consecutive years is prima facie evidence of abandonment.

A Florida registration is separate from a federal registration and from a fictitious name registration. More is on the business law practice page.