Florida Statute 495.101 - 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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495.101 Cancellation.—The department shall cancel from the register:

(1) Any registration for which the department has received a voluntary request for cancellation by the registrant, which request shall be in a manner and form complying with the requirements of the department.

(2) All registrations granted under this chapter and not renewed in accordance with the provisions hereof.

(3) Any registration for which a court of competent jurisdiction finds that:

(a) The registered mark has been abandoned.

(b) The registrant is not the owner of the mark.

(d) The registration was obtained fraudulently.

(e) The mark is or has become the generic name for the goods or services, or a portion thereof, for which the mark has been registered.

(f) The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; however, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration hereunder shall not be canceled.

(g) In the case of a certification mark, that the registrant does not control or is not able to exercise control over the use of such mark; or engages in the production or marketing of any goods or services to which the certification mark is applied; or the registrant permits the use of the certification mark for purposes other than to certify; or the registrant discriminately refuses to certify or continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies. Nothing in this paragraph shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the certification standards of the registrant.

(4) When a court of competent jurisdiction shall order cancellation of a registration on any ground.

History.—s. 1, ch. 67-58; ss. 10, 35, ch. 69-106; s. 6, ch. 90-222; s. 555, ch. 97-103; s. 12, ch. 2006-191.

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Amendments to 495.101

Annotations, Discussions, Cases:

Cases Citing Statute 495.101

Total Results: 4 | Sort by: Relevance | Newest First

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Florida Int'l Univ. Bd. of Trs. v. Florida Nat'l Univ., Inc., 830 F.3d 1242 (11th Cir. 2016).

Cited 62 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 13612, 2016 WL 4010164

...§ 1125(a); (3) Florida trademark dilution and injury to business reputation, Fla. Stat. § 495.151; (4) Florida trademark infringement, Fla. Stat. § 495.131; (5) Florida common law trademark infringement and unfair competition; and (6) cancellation of State of Florida trademark registration, Fla. Stat. § 495.101....

...tition claim (Claim Five) rise or fall with its federal trademark infringement and unfair competition claims. See Suntree Techs., 693 F.3d at 1345. And in Claim Six, FIU sought “cancellation” of FNU’s Florida trademark under Florida Statute § 495.101, which requires cancellation of any Florida registered trademark that is “so similar” to a previously registered federal trademark “as to be likely to cause confusion or mistake or to deceive.” Id. § 495.101(3)(f)....

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Florida Int'l Univ. Bd. of Trs. v. Florida Nat'l Univ., Inc., 91 F. Supp. 3d 1265 (S.D. Fla. 2015).

Cited 21 times | Published | District Court, S.D. Florida | 2015 WL 1208047

...s, its claims under Florida law also must fail. See Custom Manufacturing, 508 F.3d at 652-53 . Finally, FIU has asserted a claim to cancel FNU’s State of Florida trademark including the term “Florida National University” pursuant to Fla. Stat. § 495.101 (3)(f), based on the alleged likelihood of confusion with FIU’s marks [D.E....

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Noveshen v. Bridgewater Assocs., LP, 47 F. Supp. 3d 1367 (S.D. Fla. 2014).

Cited 4 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 132613, 2014 WL 4682709

...Therefore, Defendants’ trademarks are not generic as a matter of law as to financial services, or management of financial investment portfolios. Further, a registration of a trademark in Florida may be cancelled by a court order. Fla. Stat. Ann. § 495.101 (West)....

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First Fashion USA, Inc. v. Best Hair Replacement Mfrs., Inc., 645 F. Supp. 2d 1158 (S.D. Fla. 2009).

Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 77090, 2009 WL 2252249

...ainst Defendants, which includes claims of (1) Trademark Infringement/False Designation of Origin pursuant to 15 U.S.C. § 1125(a); (2) Federal Trademark Dilution pursuant to 15 U.S.C. § 1125(c); (3) Cancellation of Trademark pursuant to Fla. Stat. § 495.101; (4) Unfair Competition under Florida law; and *1160 (5) Deceptive and Unfair Trade Practices pursuant to Fla....

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