2001 Florida Code
TITLE XXXIII Regulation Of Trade, Commerce, Investments, And Solicitations
Chapter 495 Registration Of Trademarks And Service Marks
495.061 Certificate of registration.
495.061 Certificate of registration.--
(1) Upon compliance by the applicant with the requirements of this chapter, the Department of State 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 corporation, the state of incorporation, 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 on 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 of State under the provisions hereof or a copy thereof duly certified by the Department of State 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 in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated therein.
(3) Contingent on the registration of a mark under this chapter, the reservation of such mark based on intent to use, as provided in this chapter, shall be prima facie evidence of priority of ownership of such mark within this state on or in connection with the goods or services specified in the reservation against any other person, except for a person whose mark has not been abandoned and who, prior to such reservation, has used the mark within this state on or in connection with such goods or services.
History.--s. 1, ch. 67-58; ss. 10, 35, ch. 69-106; s. 5, ch. 90-222.
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