HB 7107 (2006) -  Trademarks

General Bill by Economic Development, Trade & Banking Committee and Bilirakis (CO-SPONSORS) Ambler; Bendross-Mindingall; Galvano; Gelber; Goodlette; Seiler
Trademarks: Designates ch. 495, F.S., as the "Registration and Protection of Trademarks Act"; provides definitions; precludes registration of certain marks; repeals provisions relating to reservation of a mark; provides requirements for information to be contained in an application for registration of a mark; authorizes the Department of State to require certain information in an application; requires that the application be signed and verified by any of certain persons; requires that the application be accompanied by three specimens or facsimiles showing the mark; requires that the application be accompanied by a fee; provides filing guidelines for applications; provides for disclaimers of unregistrable components; provides for amendment and judicial review; provides for priority of registrations; provides that first use shall inure to the benefit of the registrant or applicant under certain circumstances; provides for the issuance of a certificate of registration by the department; provides guidelines for the renewal of marks; revises duration of effectiveness of a registration; provides for the assignability of marks; authorizes a photocopy of an assignment to be acceptable for recording; provides for change of name certificates for registrants; authorizes recordation of certain instruments; provides acknowledgment of recording as prima facie evidence of the execution of an assignment or other instrument; specifies requirements for creation and perfection of security interests in marks; requires the department to record all marks registered with the state; requires the department to cancel certain marks; establishes a classification of goods and services; provides that a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in one or more of the classes listed; revises infringement provisions to include an element of lack of consent by the registrant; provides additional remedies for the unauthorized use of a mark; provides a forum for actions regarding registration; provides for service of process on nonresident registrants; provides for an injunction in cases of dilution of a famous mark; provides factors to be considered in determining that a mark is famous; provides damages in certain circumstances of dilution; deletes language relating to the diminishing of certain common law rights; provides effective date of changes to ch. 495, F.S., as amended by the act; provides for repeal of conflicting acts; provides application to pending actions; provides construction and legislative intent; provides certain fees.
Effective Date: January 1, 2007.
Last Event: 06/12/06 Approved by Governor; Chapter No. 2006-191 on Monday, June 12, 2006 9:14 AM

PCB committee actions:

  • PCB EDTB 06-04 recommended by:
    Economic Development, Trade & Banking Committee

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/CS/CS/SB 2186 Subject: Trademarks Relationship: Identical

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Commerce Council 4/21/2006 10:04:14 AM
Chamber: House Committee: Commerce Council 4/20/2006 1:24:58 PM
Chamber: House Committee: Transportation & Economic Development Appropriations Committee 4/14/2006 9:51:49 AM
Chamber: House Committee: Transportation & Economic Development Appropriations Committee 4/10/2006 7:40:18 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 3/13/2006 3:41:23 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 3/7/2006 11:19:15 AM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/27/2006 03:12 PM   Yeas: 120 Nays: 0 Action: Passage Action 2: Vote Detail: Vote [Seq# 951] Barcode:
Chamber: Senate Date: 04/28/2006 12:17 PM   Yeas: 40 Nays: 0 Action: Action 2: Vote Detail: Vote [Seq# 24] Barcode:

Bill History

Event Time Member Committee Ver.
Event: Approved by Governor; Chapter No. 2006-191 Time: 06/12/2006 - 9:14 AM Member: Committee: Version: er
Event: Signed by Officers and presented to Governor Time: 06/05/2006 - 9:23 AM Member: Committee: Version: er
Event: H Ordered enrolled Time: 05/01/2006 - 9:15 PM Member: Committee: Version: e1
Event: H In Messages Time: 05/01/2006 - 9:15 PM Member: Committee: Version: e1
Event: S Passed; YEAS 40 NAYS 0 -SJ 00671 Time: 04/28/2006 - 12:17 PM Member: Committee: Version: er
Event: S Read third time -SJ 00671 Time: 04/28/2006 - 12:17 PM Member: Committee: Version: er
Event: S Read second time -SJ 00671 Time: 04/28/2006 - 12:16 PM Member: Committee: Version: er
Event: S Substituted for CS/CS/CS/SB 2186 -SJ 00671 Time: 04/28/2006 - 12:16 PM Member: Committee: Version: er
Event: S Withdrawn from Commerce and Consumer Services; Judiciary; Transportation and Economic Development Appropriations -SJ 00670 Time: 04/28/2006 - 12:16 PM Member: Committee: Version: er
Event: S Received, referred to Commerce and Consumer Services; Judiciary; Transportation and Economic Development Appropriations -SJ 00657 Time: 04/27/2006 - 9:11 PM Member: Committee: Version: er
Event: S In Messages Time: 04/27/2006 - 8:05 PM Member: Committee: Version: er
Event: H Message sent to senate Time: 04/27/2006 - 7:49 PM Member: Committee: Version: e1
Event: H Passage on third reading Time: 04/27/2006 - 3:12 PM Member: Committee: Version: c1
Event: H Passed as amended; YEAS 120, NAYS 0 Time: 04/27/2006 - 3:12 PM Member: Committee: Version: c1
Event: H Read 3rd time Time: 04/27/2006 - 3:12 PM Member: Committee: Version: c1
Event: H Read 2nd time Time: 04/27/2006 - 3:11 PM Member: Committee: Version: c1
Event: H Bill added to Special Order Calendar (4/27/2006) Time: 04/25/2006 - 6:23 PM Member: Committee: Version: c1
Event: H Added to Second Reading Calendar Time: 04/21/2006 - 10:07 AM Member: Committee: Version: c1
Event: H Bill released to House Calendar Time: 04/21/2006 - 10:07 AM Member: Committee: Version: c1
Event: H Reported out of Commerce Council Time: 04/21/2006 - 10:07 AM Member: Committee: Commerce Council Version: c1
Event: H Favorable by Commerce Council Time: 04/20/2006 - 2:30 PM Member: Committee: Commerce Council Version: c1
Event: H Added to Commerce Council agenda Time: 04/18/2006 - 4:12 PM Member: Committee: Commerce Council Version: c1
Event: H Now in Commerce Council Time: 04/15/2006 - 1:18 PM Member: Committee: Commerce Council Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 04/14/2006 - 10:02 AM Member: Committee: Version: c1
Event: H Reported out of Transportation & Economic Development Appropriations Committee Time: 04/14/2006 - 9:48 AM Member: Committee: Transportation & Economic Development Appropriations Committee Version: __
Event: H Favorable with CS by Transportation & Economic Development Appropriations Committee Time: 04/11/2006 - 12:00 PM Member: Committee: Transportation & Economic Development Appropriations Committee Version: __
Event: H Added to Transportation & Economic Development Appropriations Committee agenda Time: 04/07/2006 - 4:14 PM Member: Committee: Transportation & Economic Development Appropriations Committee Version: __
Event: H Now in Transportation & Economic Development Appropriations Committee Time: 03/22/2006 - 1:22 PM Member: Committee: Transportation & Economic Development Appropriations Committee Version: __
Event: H Referred to Commerce Council Time: 03/22/2006 - 1:22 PM Member: Committee: Commerce Council Version: __
Event: H Referred to Transportation & Economic Development Appropriations Committee Time: 03/22/2006 - 1:22 PM Member: Committee: Transportation & Economic Development Appropriations Committee Version: __
Event: H 1st Reading Time: 03/14/2006 - 6:44 PM Member: Committee: Version: __
Event: H Filed Time: 03/13/2006 - 3:52 PM Member: Committee: Economic Development, Trade & Banking Committee Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
495.001
495.001
495.011
495.011
495.021
495.021
495.027
495.027
495.031
495.031
495.035
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495.041
495.041
495.061
495.061
495.071
495.071
495.081
495.081
495.091
495.091
495.101
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495.111
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495.131
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495.141
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495.145
495.145
495.151
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495.161
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495.171
495.171
495.181
495.181
495.191
495.191
506.06
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506.11
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