Florida Statute 495.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 495
REGISTRATION AND PROTECTION OF TRADEMARKS

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495.011 Definitions.—As used in this chapter:

(1) “Abandoned” applies to a mark when either of the following occurs:

(a) When its use has been discontinued with intent not to resume such use. Intent not to resume use may be inferred from circumstances. Nonuse for 3 consecutive years shall constitute prima facie evidence of abandonment.

(b) When any course of conduct of the owner, including acts of omission or commission, causes the mark to lose its significance as a mark.

(2) “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.

(3) “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.

(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) “Department” means the Florida Department of State or its designee charged with the administration of this chapter.

(6) “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.

(b) Likelihood of confusion, mistake, or deception.

(7) “Mark” includes any trademark, service mark, certification mark, or collective mark entitled to registration under this chapter, whether or not registered.

(8) “Person,” and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this chapter, means a juristic person as well as a natural person. “Juristic person” includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law.

(9) “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.

(10) “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.

(11) “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.

(12) “Trade name” means any name used by a person to identify a business or vocation of such person.

(13) “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.

(14) “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. For purposes of this chapter, a mark is deemed to be in use:

(a) On goods when:

1. The mark is placed in any manner on the goods, their containers or the displays associated therewith, or on the tags or labels affixed thereto, or, if the nature of the goods makes such placement impracticable, on documents associated with the goods or their sale; and

2. The goods are sold or transported in this state.

(b) On services when the mark is used or displayed in the sale or advertising of services and the services are rendered in this state.

History.—s. 1, ch. 67-58; s. 1, ch. 90-222; s. 551, ch. 97-103; s. 2, ch. 2006-191.

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Amendments to 495.011

Annotations, Discussions, Cases:

Cases Citing Statute 495.011

Total Results: 9 | Sort by: Relevance | Newest First

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Safeway Stores, Inc., Cross-Appellee v. Safeway Disc. Drugs, Inc., Cross-Appellant, 675 F.2d 1160 (11th Cir. 1982).

Cited 107 times | Published | Court of Appeals for the Eleventh Circuit | 216 U.S.P.Q. (BNA) 599, 1982 U.S. App. LEXIS 19419

...The district court found no usage, apparently because Safeway does not have retail stores selling items in Florida. We agree that, under Florida law, Safeway Stores’ claims based on use of the word Safeway either as a trademark or service mark must fail because of lack of proof of prior use. Section 495.011(11), Florida Statutes Annotated, explicitly defines use of a trademark as placing it in some manner on goods, or containers, or displays of goods sold in Florida and defines use of a service mark as use connected with services sold or rendered in Florida....

...Florida statutes provide no explicit definition of use in connection with a trade name. The implicit definition, however, is clear from the statutory definition of use of trademarks and service marks. The statutes, for example, define a service mark as a word used to identify services, Fla.Stat. Ann. § 495.011(2), and they then, as just noted, define use of a service mark as use in connection with services sold or rendered in state....

...limit the protection of the section to registered marks or names. There may, in fact, be some question as to whether Florida law allows registration of trade names. See Fla.Stat.Ann. § 495.021 (giving registration requirements for “marks”) and Section 495.011(5) (defining “mark” without mentioning trade name as included within definition); but see Junior Food Stores, supra, 226 So.2d at 395-96 (dictum seeming to indicate that trade names may be registered under present Florida trademark law)....

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Tally-Ho, Inc., a Florida Corp., Plaintiff-Counter-Defendant-Appellant v. Coast Cmty. Coll. Dist., Defendant-Counter-Plaintiff-Appellee, 889 F.2d 1018 (11th Cir. 1990).

Cited 101 times | Published | Court of Appeals for the Eleventh Circuit

...Ho, Inc. appeals an order denying it preliminary injunctive relief on its complaint of trademark infringement and unfair competition against Coast Community College District under the Lanham Act, 15 U.S.C.A. § 1051 et seq. (1976), and FLA.STAT.ANN. § 495.011 et seq....

...Counts I and II allege unfair competition under the Lanham Act, 15 U.S.C. 1125(a), and the common law, respectively. Count III seeks a declaration that Tally-Ho’s state registration is invalid. Count IV alleges violation of Florida's antidilution statute, FLA.STAT. § 495.151 (1988). 4 . FLA.STAT.ANN. § 495.011(11) states that "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.” FLA. STAT.ANN. § 495.011(11) (West 1988)....

...In fact, as an alterna *1023 tive ground for relief Tally-Ho contends that even if Coast has superior rights to the 'You and the Law" mark, it forfeited its rights by granting a “naked license” to the Department of Education. We believe the district court correctly rejected this argument. 7 . FLA.STAT.ANN. §§ 495.011-.171 (West 1988)....

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Casa Dimitri Corp. v. Invicta Watch Co. of Am., 270 F. Supp. 3d 1340 (S.D. Fla. 2017).

Cited 16 times | Published | District Court, S.D. Florida

...§ 1125 (a); (III) unfair competition, false designation of origin and false description in violation of 43(a) of the Lanham Act, 15 U.S.C. -§ 1125(a); (IV) cybersquatting in violation of Section 43(d) of the Lanham Act, 15 U.S.C. § 1125 (d); (V) statutory injury to business and dilution in violation of Florida Statutes § 495.011 et seq.; (VI) common law unfair competition; (VII) common law unjust enrichment; (VIII) misappropriation and conversion; and (IX) violation of the FDUTPA....

...mary 'judgment on this claim. 3. Counter-Plaintiffs State Law Claims (Counts Y-IX) Counter-Plaintiff also lodges the following statelaw claims against Counter-Defendants: (V) statutory injury to business and dilution in violation of Florida Statutes § 495.011 et seq.; (VI) common law unfair competition; (VII) common law unjust en-, richment; (VIII) misappropriation and conversion; and....

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Abner's Beef House Corp. v. Abner's Internat'l, Inc., 227 So. 2d 865 (Fla. 1969).

Cited 14 times | Published | Supreme Court of Florida

...that "no other person except a related company has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or confuse or to be mistaken therefor." From F.S. Section 495.011(11), F.S.A., the definition section of the statute, we note that a mark is deemed to be "used" from the first time it is placed tagged, labelled or displayed on or in connection with a sale of goods or rendition of service in the state....

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Georgetown Apts. v. Metro. Life Ins., 468 F. Supp. 844 (M.D. Fla. 1979).

Cited 6 times | Published | District Court, M.D. Florida | 20 Collier Bankr. Cas. 2d 896, 1979 U.S. Dist. LEXIS 12828, 20 Collier Bankr. Cas. 896

for payment of such costs in compliance with Section 495 [11 U.S.C. § 895] and Bankruptcy Rule 12-28(e)

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Tortoise Island Homeowners Ass'n, Inc. v. Tortoise Island Realty, Inc., 790 So. 2d 525 (Fla. 5th DCA 2001).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 9707, 2001 WL 786746

...NOTES [1] Trade name means any word, name, symbol, character, design, drawing, or device or any combination thereof adopted and used by a person to identify his or her business, vocation or occupation, or to distinguish it from the business, vocation or occupation of others. § 495.011(6), Fla....

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Mead Johnson & Co. v. Baby's Formula Serv., Inc., 270 F. Supp. 607 (S.D. Fla. 1967).

Published | District Court, S.D. Florida | 154 U.S.P.Q. (BNA) 146, 1967 U.S. Dist. LEXIS 11321

the trademark “Enfamil” as defined in Fla.Stat. § 495.11, F.S.A., but the Court finds that no unfair competition

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In re Amendments to the Rules Regulating the Florida Bar—Subchapters 6-25 & 6-26, 933 So. 2d 1123 (Fla. 2006).

Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 495, 2006 Fla. LEXIS 1477, 2006 WL 1837660

...ent, and infringement of trademarks. (1) A “trademark” is defined to include trademarks, service marks, certification marks, and collective marks. Each of these forms of marks shall have the meaning given in the Florida Trademark Law, Fla. Stat. § 495.011 (l)-(4)....

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Ago (Fla. Att'y Gen. 2000).

Published | Florida Attorney General Reports

39 and 506.13, Fla. Stat. 2 Section 495.011(1), Fla. Stat. 3 Section 495.011(7), Fla. Stat. 4 Compare,

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