Florida Senate - 2026 SB 696
By Senator Martin
33-00850-26 2026696__
1 A bill to be entitled
2 An act relating to registration of trademarks;
3 amending s. 495.111, F.S.; removing provisions
4 relating to the classification of goods and services
5 for trademark purposes; requiring the Department of
6 State to adopt a federal system of classification each
7 year; requiring publication of the classification as
8 part of the trademark registration application;
9 creating s. 495.0315, F.S.; requiring the department
10 to establish and maintain a secure Internet website
11 that allows submission of an online trademark
12 registration application and renewal application;
13 providing website requirements; requiring the
14 department to make the online application system
15 available by a specified date; amending s. 495.031,
16 F.S.; providing online application requirements;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (1) of section 495.111, Florida
22 Statutes, is amended to read:
23 495.111 Classification.—
24 (1) The department shall, no later than July 1 of each
25 year, adopt as the state classification system the United States
26 Patent and Trademark Office’s system of classification of goods
27 and services in effect on June 1 of that year. The
28 classification shall be published as part of the trademark
29 registration application as set forth in ss. 495.031 and
30 495.0315. The following general classes of goods and services,
31 conforming to the classification adopted by the United States
32 Patent and Trademark Office, are established for convenience of
33 administration of this chapter:
34 (a) Goods:
35 1. Class 1 Chemicals for use in industry, science and
36 photography, as well as in agriculture, horticulture and
37 forestry; unprocessed artificial resins, unprocessed plastics;
38 fire extinguishing and fire prevention compositions; tempering
39 and soldering preparations; substances for tanning animal skins
40 and hides; adhesives for use in industry; putties and other
41 paste fillers; compost, manures, fertilizers; biological
42 preparations for use in industry and science.
43 2. Class 2 Paints, varnishes, lacquers; preservatives
44 against rust and against deterioration of wood; colorants, dyes;
45 inks for printing, marking and engraving; raw natural resins;
46 metals in foil and powder form for use in painting, decorating,
47 printing and art.
48 3. Class 3 Non-medicated cosmetics and toiletry
49 preparations; non-medicated dentifrices; perfumery, essential
50 oils; bleaching preparations and other substances for laundry
51 use; cleaning, polishing, scouring and abrasive preparations.
52 4. Class 4 Industrial oils and greases, wax; lubricants;
53 dust absorbing, wetting and binding compositions; fuels and
54 illuminants; candles and wicks for lighting.
55 5. Class 5 Pharmaceuticals, medical and veterinary
56 preparations; sanitary preparations for medical purposes;
57 dietetic food and substances adapted for medical or veterinary
58 use, food for babies; dietary supplements for humans and
59 animals; plasters, materials for dressings; material for
60 stopping teeth, dental wax; disinfectants; preparations for
61 destroying vermin; fungicides, herbicides.
62 6. Class 6 Common metals and their alloys, ores; metal
63 materials for building and construction; transportable buildings
64 of metal; non-electric cables and wires of common metal; small
65 items of metal hardware; metal containers for storage or
66 transport; safes.
67 7. Class 7 Machines, machine tools, power-operated tools;
68 motors and engines, except for land vehicles; machine coupling
69 and transmission components, except for land vehicles;
70 agricultural implements, other than hand-operated hand tools;
71 incubators for eggs; automatic vending machines.
72 8. Class 8 Hand tools and implements, hand-operated;
73 cutlery; side arms, except firearms; razors.
74 9. Class 9 Scientific, nautical, surveying, photographic,
75 cinematographic, optical, weighing, measuring, signaling,
76 checking (supervision), life-saving and teaching apparatus and
77 instruments; apparatus and instruments for conducting,
78 switching, transforming, accumulating, regulating or controlling
79 electricity; apparatus for recording, transmission or
80 reproduction of sound or images; magnetic data carriers,
81 recording discs; compact discs, DVDs and other digital recording
82 media; mechanisms for coin-operated apparatus; cash registers,
83 calculating machines, data processing equipment, computers;
84 computer software; fire-extinguishing apparatus.
85 10. Class 10 Surgical, medical, dental and veterinary
86 apparatus and instruments; artificial limbs, eyes and teeth;
87 orthopaedic articles; suture materials; therapeutic and
88 assistive devices adapted for the disabled; massage apparatus;
89 apparatus, devices and articles for nursing infants; sexual
90 activity apparatus, devices and articles.
91 11. Class 11 Apparatus for lighting, heating, steam
92 generating, cooking, refrigerating, drying, ventilating, water
93 supply and sanitary purposes.
94 12. Class 12 Vehicles; apparatus for locomotion by land,
95 air or water.
96 13. Class 13 Firearms; ammunition and projectiles;
97 explosives; fireworks.
98 14. Class 14 Precious metals and their alloys; jewellery,
99 precious and semi-precious stones; horological and chronometric
100 instruments.
101 15. Class 15 Musical instruments.
102 16. Class 16 Paper and cardboard; printed matter;
103 bookbinding material; photographs; stationery and office
104 requisites, except furniture; adhesives for stationery or
105 household purposes; drawing materials and materials for artists;
106 paintbrushes; instructional and teaching materials; plastic
107 sheets, films and bags for wrapping and packaging; printers’
108 type, printing blocks.
109 17. Class 17 Unprocessed and semi-processed rubber, gutta
110 percha, gum, asbestos, mica and substitutes for all these
111 materials; plastics and resins in extruded form for use in
112 manufacture; packing, stopping and insulating materials;
113 flexible pipes, tubes and hoses, not of metal.
114 18. Class 18 Leather and imitations of leather; animal
115 skins and hides; luggage and carrying bags; umbrellas and
116 parasols; walking sticks; whips, harness and saddlery; collars,
117 leashes and clothing for animals.
118 19. Class 19 Building materials (non-metallic); non
119 metallic rigid pipes for building; asphalt, pitch and bitumen;
120 non-metallic transportable buildings; monuments, not of metal.
121 20. Class 20 Furniture, mirrors, picture frames;
122 containers, not of metal, for storage or transport; unworked or
123 semi-worked bone, horn, whalebone or mother-of-pearl; shells;
124 meerschaum; yellow amber.
125 21. Class 21 Household or kitchen utensils and containers;
126 cookware and tableware, except forks, knives and spoons; combs
127 and sponges; brushes, except paintbrushes; brush-making
128 materials; articles for cleaning purposes; unworked or semi
129 worked glass, except building glass; glassware, porcelain and
130 earthenware.
131 22. Class 22 Ropes and string; nets; tents and tarpaulins;
132 awnings of textile or synthetic materials; sails; sacks for the
133 transport and storage of materials in bulk; padding, cushioning
134 and stuffing materials, except of paper, cardboard, rubber or
135 plastics; raw fibrous textile materials and substitutes
136 therefor.
137 23. Class 23 Yarns and threads, for textile use.
138 24. Class 24 Textiles and substitutes for textiles;
139 household linen; curtains of textile or plastic.
140 25. Class 25 Clothing, footwear, headgear.
141 26. Class 26 Lace and embroidery, ribbons and braid;
142 buttons, hooks and eyes, pins and needles; artificial flowers;
143 hair decorations; false hair.
144 27. Class 27 Carpets, rugs, mats and matting, linoleum and
145 other materials for covering existing floors; wall hangings
146 (non-textile).
147 28. Class 28 Games, toys and playthings; video game
148 apparatus; gymnastic and sporting articles; decorations for
149 Christmas trees.
150 29. Class 29 Meat, fish, poultry and game; meat extracts;
151 preserved, frozen, dried and cooked fruits and vegetables;
152 jellies, jams, compotes; eggs; milk and milk products; oils and
153 fats for food.
154 30. Class 30 Coffee, tea, cocoa and artificial coffee;
155 rice; tapioca and sago; flour and preparations made from
156 cereals; bread, pastries and confectionery; edible ices; sugar,
157 honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
158 sauces (condiments); spices; ice (frozen water).
159 31. Class 31 Raw and unprocessed agricultural,
160 aquacultural, horticultural and forestry products; raw and
161 unprocessed grains and seeds; fresh fruits and vegetables, fresh
162 herbs; natural plants and flowers; bulbs, seedlings and seeds
163 for planting; live animals; foodstuffs and beverages for
164 animals; malt.
165 32. Class 32 Beers; mineral and aerated waters and other
166 non-alcoholic beverages; fruit beverages and fruit juices;
167 syrups and other preparations for making beverages.
168 33. Class 33 Alcoholic beverages (except beers).
169 34. Class 34 Tobacco; smokers’ articles; matches.
170 (b) Services:
171 1. Class 35 Advertising; business management; business
172 administration; office functions.
173 2. Class 36 Insurance; financial affairs; monetary
174 affairs; real estate affairs.
175 3. Class 37 Building construction; repair; installation
176 services.
177 4. Class 38 Telecommunications.
178 5. Class 39 Transport; packaging and storage of goods;
179 travel arrangement.
180 6. Class 40 Treatment of materials.
181 7. Class 41 Education; providing of training;
182 entertainment; sporting and cultural activities.
183 8. Class 42 Scientific and technological services and
184 research and design relating thereto; industrial analysis and
185 research services; design and development of computer hardware
186 and software.
187 9. Class 43 Services for providing food and drink;
188 temporary accommodation.
189 10. Class 44 Medical services; veterinary services;
190 hygienic and beauty care for human beings or animals;
191 agriculture, horticulture and forestry services.
192 11. Class 45 Legal services; security services for the
193 physical protection of tangible property and individuals;
194 personal and social services rendered by others to meet the
195 needs of individuals.
196 (c) Certification and collective membership marks:
197 1. Class 200 Collective membership marks.
198 2. Class A Certification marks for goods.
199 3. Class B Certification marks for services.
200 (d) The goods and services recited in collective trademark
201 and collective service mark applications are assigned to the
202 same classes that are appropriate for those goods and services
203 in general.
204 Section 2. Section 495.0315, Florida Statutes, is created
205 to read:
206 495.0315 Online application for registration.—
207 (1) The department shall establish and maintain a secure
208 Internet website that allows an applicant to submit an online
209 trademark registration application in accordance with ss.
210 495.031 and 495.035 and a renewal application in accordance with
211 s. 495.071. The website must safeguard the applicant’s
212 information to ensure data integrity and allow the applicant to:
213 (a) Provide an electronic version of a required specimen of
214 use.
215 (b) Provide an electronic version of a drawing of the mark.
216 (c) Pay the fee required by s. 495.191.
217 (d) Complete the verification required by s. 495.031(5).
218 (2) The department shall make the online application system
219 required by this section available no later than July 1, 2027.
220 Section 3. Subsections (5) and (6) of section 495.031,
221 Florida Statutes, are amended to read:
222 495.031 Application for registration.—
223 (5) Every application under this section shall be signed
224 and verified by the applicant or by a member of the firm or an
225 officer or other authorized representative of the business
226 entity applying. Verification must be made in accordance with s.
227 92.525.
228 (6) Every paper application under this section shall be
229 accompanied by three specimens or facsimiles showing the mark as
230 actually used. Every online application under this section must
231 be accompanied by an electronic copy of a specimen, complying
232 with the requirements of the department, showing the mark as
233 actually used.
234 Section 4. This act shall take effect July 1, 2026.