2001 Florida Code
TITLE XXXIII Regulation Of Trade, Commerce, Investments, And Solicitations
Chapter 495 Registration Of Trademarks And Service Marks  
495.011   Definitions.

495.011  Definitions.--As used in this chapter:

(1)  "Trademark" means any word, name, symbol, character, design, drawing or device or any combination thereof adopted and used by a person to identify goods made or sold by her or him and to distinguish them from goods made or sold by others.

(2)  "Service mark" means any word, name, symbol, character, design, drawing or device or any combination thereof, and the distinctive features of radio, television or other advertising, adopted and used by a person to identify services rendered or offered by her or him and to distinguish them from services rendered or offered by others.

(3)  "Certification mark" means a trademark or service mark used upon or in connection with the products or services of one or more persons other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

(4)  "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.

(5)  Unless the context otherwise requires, "mark" means any trademark, service mark, certification mark or collective mark.

(6)  "Trade name" means any word, name, symbol, character, design, drawing or device or any combination thereof adopted and used by a person to identify her or his business, vocation or occupation and to distinguish it from the business, vocation or occupation of others.

(7)  "Person" means any individual, firm, partnership, corporation, association, union or other organization.

(8)  "Applicant" embraces the person filing an application for registration of a mark under this chapter, her or his legal representatives, successors or assigns.

(9)  "Registrant" embraces the person to whom the registration of a mark under this chapter is issued, her or his legal representatives, successors or assigns.

(10)  "Related company" means any person who legitimately controls or is controlled by the registrant or owner of the mark in respect to the nature and quality of the goods or services in connection with which the mark is used.

(11)  The term "use" of a trademark or service mark means the bona fide use of the trademark or service mark in the ordinary course of trade, and does not include the use of a trademark or service mark merely for the purpose of reserving a right in the trademark or service mark. For the purposes of this chapter, a trademark shall be deemed to be "used" in this state when it is placed in any manner on the goods or their containers or the displays associated therewith, on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and such goods are sold or otherwise distributed in this state, and a service mark shall be deemed to be "used" in this state when it is used or displayed in the sale or advertising of services in this state or in connection with services rendered in this state.

History.--s. 1, ch. 67-58; s. 1, ch. 90-222; s. 551, ch. 97-103.