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Trademarks, Service Marks, Collective Marks & Certification Marks

Find out about rights of ownership to a trademark, and more.


Glossary

» "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.

» "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. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that the person or the programs may advertise the goods of the sponsor.

» "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.

» "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.

GENERAL INFORMATION

A trademark or service mark may be registered with the Division of Corporations, providing the mark meets all requirements and complies with the provisions stipulated in Chapter 495, Florida Statutes.

The owner of a mark may be an individual or a legally recognized business so long as the business entity maintains an active registration on file with the Division. A mark must be in use before it can be registered. In the case of a trademark, the good(s) or product(s) must be on sale in the marketplace. For a service mark, the applicant must actually be rendering the service for which a service mark is applied. The mere advertising of goods or services does not constitute use of a trade or service mark.

Marks submitted for registration are checked for distinction from marks that are registered with the Division. Marks submitted for registration are not checked, however, for distinction from corporation names, fictitious names or any other entity names registered with the Division.

It is the responsibility of the registering party to investigate the availability of a proposed mark and to determine that the mark does not constitute infringement upon the mark of another. It is the responsibility of the owner of an existing mark to defend it against infringement.

Rights to ownership of a mark are perfected by actual use in the ordinary pursuit of the specific endeavor; rights are not perfected by registration only. The rule "FIRST IN USE, FIRST IN RIGHT" is applicable. Ownership of a mark is not bestowed by a government entity but is obtained through use. Registering a mark is a means of placing notice to the public that the name is in use. Trusted legal advice regarding use and registration of a mark is recommended.

Trademark or service mark registrations with the Division are state government level registrations. They do not replace registrations with the federal government.
To obtain information regarding federal registration, contact the United States Patent and Trademark Office in Washington, D.C., (571) 272-1000, or on the web at www.uspto.gov/main/trademarks.htm. For information regarding copyrights, contact the Copyright Office at the Library of Congress, (202) 707-3000, or on the web at www.copyright.gov.

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