THE BILL ITSELF
CS/CS/HB 679
Registration of Trademarks
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An act relating to registration of trademarks;
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amending s. 495.111, F.S.; removing provisions
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relating to the classification of goods and services
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for trademark purposes; requiring the Department of
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State to use the international schedule of classes of
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goods and services; creating s. 495.0315, F.S.;
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requiring the department to establish and maintain a
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secure Internet website that allows submission of an
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online trademark registration application and renewal
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application; providing website requirements; requiring
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the department to make the online application system
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available by a specified date; amending s. 495.031,
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F.S.; providing online application requirements;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 495.111, Florida
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Statutes, is amended to read:
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495.111 Classification.—
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(1) The department shall use the international schedule of
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classes of goods and services as set forth in 37 C.F.R. s. 6.1,
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as amended, as the state classification system for trademarks.
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The following general classes of goods and services, conforming
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to the classification adopted by the United States Patent and
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Trademark Office, are established for convenience of
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administration of this chapter:
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(a) Goods:
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1. Class 1 Chemicals for use in industry, science and
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photography, as well as in agriculture, horticulture and
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forestry; unprocessed artificial resins, unprocessed plastics;
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fire extinguishing and fire prevention compositions; tempering
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and soldering preparations; substances for tanning animal skins
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and hides; adhesives for use in industry; putties and other
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paste fillers; compost, manures, fertilizers; biological
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preparations for use in industry and science.
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2. Class 2 Paints, varnishes, lacquers; preservatives
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against rust and against deterioration of wood; colorants, dyes;
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inks for printing, marking and engraving; raw natural resins;
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metals in foil and powder form for use in painting, decorating,
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printing and art.
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3. Class 3 Non-medicated cosmetics and toiletry
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preparations; non-medicated dentifrices; perfumery, essential
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oils; bleaching preparations and other substances for laundry
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use; cleaning, polishing, scouring and abrasive preparations.
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4. Class 4 Industrial oils and greases, wax; lubricants;
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dust absorbing, wetting and binding compositions; fuels and
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illuminants; candles and wicks for lighting.
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5. Class 5 Pharmaceuticals, medical and veterinary
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preparations; sanitary preparations for medical purposes;
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dietetic food and substances adapted for medical or veterinary
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use, food for babies; dietary supplements for humans and
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animals; plasters, materials for dressings; material for
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stopping teeth, dental wax; disinfectants; preparations for
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destroying vermin; fungicides, herbicides.
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6. Class 6 Common metals and their alloys, ores; metal
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materials for building and construction; transportable buildings
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of metal; non-electric cables and wires of common metal; small
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items of metal hardware; metal containers for storage or
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transport; safes.
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7. Class 7 Machines, machine tools, power-operated tools;
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motors and engines, except for land vehicles; machine coupling
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and transmission components, except for land vehicles;
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agricultural implements, other than hand-operated hand tools;
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incubators for eggs; automatic vending machines.
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8. Class 8 Hand tools and implements, hand-operated;
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cutlery; side arms, except firearms; razors.
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9. Class 9 Scientific, nautical, surveying, photographic,
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cinematographic, optical, weighing, measuring, signaling,
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checking (supervision), life-saving and teaching apparatus and
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instruments; apparatus and instruments for conducting,
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switching, transforming, accumulating, regulating or controlling
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electricity; apparatus for recording, transmission or
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reproduction of sound or images; magnetic data carriers,
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recording discs; compact discs, DVDs and other digital recording
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media; mechanisms for coin-operated apparatus; cash registers,
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calculating machines, data processing equipment, computers;
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computer software; fire-extinguishing apparatus.
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10. Class 10 Surgical, medical, dental and veterinary
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apparatus and instruments; artificial limbs, eyes and teeth;
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orthopaedic articles; suture materials; therapeutic and
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assistive devices adapted for the disabled; massage apparatus;
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apparatus, devices and articles for nursing infants; sexual
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activity apparatus, devices and articles.
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11. Class 11 Apparatus for lighting, heating, steam
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generating, cooking, refrigerating, drying, ventilating, water
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supply and sanitary purposes.
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12. Class 12 Vehicles; apparatus for locomotion by land,
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air or water.
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13. Class 13 Firearms; ammunition and projectiles;
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explosives; fireworks.
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14. Class 14 Precious metals and their alloys; jewellery,
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precious and semi-precious stones; horological and chronometric
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instruments.
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15. Class 15 Musical instruments.
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16. Class 16 Paper and cardboard; printed matter;
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bookbinding material; photographs; stationery and office
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requisites, except furniture; adhesives for stationery or
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household purposes; drawing materials and materials for artists;
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paintbrushes; instructional and teaching materials; plastic
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sheets, films and bags for wrapping and packaging; printers'
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type, printing blocks.
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17. Class 17 Unprocessed and semi-processed rubber,
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gutta-percha, gum, asbestos, mica and substitutes for all these
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materials; plastics and resins in extruded form for use in
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manufacture; packing, stopping and insulating materials;
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flexible pipes, tubes and hoses, not of metal.
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18. Class 18 Leather and imitations of leather; animal
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skins and hides; luggage and carrying bags; umbrellas and
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parasols; walking sticks; whips, harness and saddlery; collars,
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leashes and clothing for animals.
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19. Class 19 Building materials (non-metallic); non-
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metallic rigid pipes for building; asphalt, pitch and bitumen;
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non-metallic transportable buildings; monuments, not of metal.
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20. Class 20 Furniture, mirrors, picture frames;
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containers, not of metal, for storage or transport; unworked or
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semi-worked bone, horn, whalebone or mother-of-pearl; shells;
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meerschaum; yellow amber.
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21. Class 21 Household or kitchen utensils and
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containers; cookware and tableware, except forks, knives and
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spoons; combs and sponges; brushes, except paintbrushes; brush-
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making materials; articles for cleaning purposes; unworked or
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semi-worked glass, except building glass; glassware, porcelain
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and earthenware.
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22. Class 22 Ropes and string; nets; tents and
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tarpaulins; awnings of textile or synthetic materials; sails;
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sacks for the transport and storage of materials in bulk;
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padding, cushioning and stuffing materials, except of paper,
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cardboard, rubber or plastics; raw fibrous textile materials and
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substitutes therefor.
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23. Class 23 Yarns and threads, for textile use.
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24. Class 24 Textiles and substitutes for textiles;
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household linen; curtains of textile or plastic.
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25. Class 25 Clothing, footwear, headgear.
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26. Class 26 Lace and embroidery, ribbons and braid;
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buttons, hooks and eyes, pins and needles; artificial flowers;
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hair decorations; false hair.
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27. Class 27 Carpets, rugs, mats and matting, linoleum
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and other materials for covering existing floors; wall hangings
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(non-textile).
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28. Class 28 Games, toys and playthings; video game
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apparatus; gymnastic and sporting articles; decorations for
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Christmas trees.
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29. Class 29 Meat, fish, poultry and game; meat extracts;
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preserved, frozen, dried and cooked fruits and vegetables;
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jellies, jams, compotes; eggs; milk and milk products; oils and
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fats for food.
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30. Class 30 Coffee, tea, cocoa and artificial coffee;
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rice; tapioca and sago; flour and preparations made from
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cereals; bread, pastries and confectionery; edible ices; sugar,
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honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
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sauces (condiments); spices; ice (frozen water).
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31. Class 31 Raw and unprocessed agricultural,
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aquacultural, horticultural and forestry products; raw and
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unprocessed grains and seeds; fresh fruits and vegetables, fresh
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herbs; natural plants and flowers; bulbs, seedlings and seeds
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for planting; live animals; foodstuffs and beverages for
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animals; malt.
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32. Class 32 Beers; mineral and aerated waters and other
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non-alcoholic beverages; fruit beverages and fruit juices;
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syrups and other preparations for making beverages.
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33. Class 33 Alcoholic beverages (except beers).
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34. Class 34 Tobacco; smokers' articles; matches.
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(b) Services:
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1. Class 35 Advertising; business management; business
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administration; office functions.
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2. Class 36 Insurance; financial affairs; monetary
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affairs; real estate affairs.
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3. Class 37 Building construction; repair; installation
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services.
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4. Class 38 Telecommunications.
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5. Class 39 Transport; packaging and storage of goods;
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travel arrangement.
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6. Class 40 Treatment of materials.
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7. Class 41 Education; providing of training;
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entertainment; sporting and cultural activities.
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8. Class 42 Scientific and technological services and
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research and design relating thereto; industrial analysis and
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research services; design and development of computer hardware
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and software.
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9. Class 43 Services for providing food and drink;
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temporary accommodation.
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10. Class 44 Medical services; veterinary services;
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hygienic and beauty care for human beings or animals;
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agriculture, horticulture and forestry services.
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11. Class 45 Legal services; security services for the
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physical protection of tangible property and individuals;
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personal and social services rendered by others to meet the
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needs of individuals.
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(c) Certification and collective membership marks:
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1. Class 200 Collective membership marks.
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2. Class A Certification marks for goods.
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3. Class B Certification marks for services.
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(d) The goods and services recited in collective trademark
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and collective service mark applications are assigned to the
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same classes that are appropriate for those goods and services
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in general.
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Section 2. Section 495.0315, Florida Statutes, is created
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to read:
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495.0315 Online application for registration.—
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(1) The department shall establish and maintain a secure
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Internet website that allows an applicant to submit an online
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trademark registration application in accordance with ss.
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495.031 and 495.035 and a renewal application in accordance with
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s. 495.071. The website must safeguard the applicant's
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information to ensure data integrity and allow the applicant to:
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(a) Provide an electronic version of a required specimen
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of use.
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(b) Provide an electronic version of a drawing of the
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mark.
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(c) Pay the fee required by s. 495.191.
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(d) Complete the verification required by s. 495.031(5).
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(2) The department shall make the online application
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system required by this section available no later than December
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31, 2027.
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Section 3. Subsections (5) and (6) of section 495.031,
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Florida Statutes, are amended to read:
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495.031 Application for registration.—
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(5) Every application under this section shall be signed
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and verified by the applicant or by a member of the firm or an
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officer or other authorized representative of the business
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entity applying. Verification must be made in accordance with s.
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92.525 and may be accomplished electronically in compliance with
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ss. 668.001-668.006.
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(6) Every paper application under this section shall be
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accompanied by three specimens or facsimiles showing the mark as
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actually used. Every online application under this section must
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be accompanied by an electronic copy of a specimen, complying
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with the requirements of the department, showing the mark as
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actually used.
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Section 4. This act shall take effect July 1, 2026.