Florida Senate - 2026 CS for SB 696
By the Committee on Rules; and Senator Martin
595-02946-26 2026696c1
1 A bill to be entitled
2 An act relating to registration of trademarks;
3 amending s. 495.111, F.S.; requiring the Department of
4 State to use the international schedule of classes of
5 goods and services for trademarks; deleting provisions
6 relating to the classification of goods and services
7 for trademark purposes; amending s. 495.031, F.S.;
8 providing online application requirements; creating s.
9 495.0315, F.S.; requiring the department to establish
10 and maintain a secure Internet website that allows
11 submission of an online trademark registration
12 application and renewal application; providing website
13 requirements; requiring the department to make the
14 online application system available by a specified
15 date; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (1) of section 495.111, Florida
20 Statutes, is amended to read:
21 495.111 Classification.—
22 (1) The department shall use the international schedule of
23 classes of goods and services as set forth in 37 C.F.R. s. 6.1,
24 as amended, as the state classification system for trademarks
25 The following general classes of goods and services, conforming
26 to the classification adopted by the United States Patent and
27 Trademark Office, are established for convenience of
28 administration of this chapter:
29 (a) Goods:
30 1. Class 1 Chemicals for use in industry, science and
31 photography, as well as in agriculture, horticulture and
32 forestry; unprocessed artificial resins, unprocessed plastics;
33 fire extinguishing and fire prevention compositions; tempering
34 and soldering preparations; substances for tanning animal skins
35 and hides; adhesives for use in industry; putties and other
36 paste fillers; compost, manures, fertilizers; biological
37 preparations for use in industry and science.
38 2. Class 2 Paints, varnishes, lacquers; preservatives
39 against rust and against deterioration of wood; colorants, dyes;
40 inks for printing, marking and engraving; raw natural resins;
41 metals in foil and powder form for use in painting, decorating,
42 printing and art.
43 3. Class 3 Non-medicated cosmetics and toiletry
44 preparations; non-medicated dentifrices; perfumery, essential
45 oils; bleaching preparations and other substances for laundry
46 use; cleaning, polishing, scouring and abrasive preparations.
47 4. Class 4 Industrial oils and greases, wax; lubricants;
48 dust absorbing, wetting and binding compositions; fuels and
49 illuminants; candles and wicks for lighting.
50 5. Class 5 Pharmaceuticals, medical and veterinary
51 preparations; sanitary preparations for medical purposes;
52 dietetic food and substances adapted for medical or veterinary
53 use, food for babies; dietary supplements for humans and
54 animals; plasters, materials for dressings; material for
55 stopping teeth, dental wax; disinfectants; preparations for
56 destroying vermin; fungicides, herbicides.
57 6. Class 6 Common metals and their alloys, ores; metal
58 materials for building and construction; transportable buildings
59 of metal; non-electric cables and wires of common metal; small
60 items of metal hardware; metal containers for storage or
61 transport; safes.
62 7. Class 7 Machines, machine tools, power-operated tools;
63 motors and engines, except for land vehicles; machine coupling
64 and transmission components, except for land vehicles;
65 agricultural implements, other than hand-operated hand tools;
66 incubators for eggs; automatic vending machines.
67 8. Class 8 Hand tools and implements, hand-operated;
68 cutlery; side arms, except firearms; razors.
69 9. Class 9 Scientific, nautical, surveying, photographic,
70 cinematographic, optical, weighing, measuring, signaling,
71 checking (supervision), life-saving and teaching apparatus and
72 instruments; apparatus and instruments for conducting,
73 switching, transforming, accumulating, regulating or controlling
74 electricity; apparatus for recording, transmission or
75 reproduction of sound or images; magnetic data carriers,
76 recording discs; compact discs, DVDs and other digital recording
77 media; mechanisms for coin-operated apparatus; cash registers,
78 calculating machines, data processing equipment, computers;
79 computer software; fire-extinguishing apparatus.
80 10. Class 10 Surgical, medical, dental and veterinary
81 apparatus and instruments; artificial limbs, eyes and teeth;
82 orthopaedic articles; suture materials; therapeutic and
83 assistive devices adapted for the disabled; massage apparatus;
84 apparatus, devices and articles for nursing infants; sexual
85 activity apparatus, devices and articles.
86 11. Class 11 Apparatus for lighting, heating, steam
87 generating, cooking, refrigerating, drying, ventilating, water
88 supply and sanitary purposes.
89 12. Class 12 Vehicles; apparatus for locomotion by land,
90 air or water.
91 13. Class 13 Firearms; ammunition and projectiles;
92 explosives; fireworks.
93 14. Class 14 Precious metals and their alloys; jewellery,
94 precious and semi-precious stones; horological and chronometric
95 instruments.
96 15. Class 15 Musical instruments.
97 16. Class 16 Paper and cardboard; printed matter;
98 bookbinding material; photographs; stationery and office
99 requisites, except furniture; adhesives for stationery or
100 household purposes; drawing materials and materials for artists;
101 paintbrushes; instructional and teaching materials; plastic
102 sheets, films and bags for wrapping and packaging; printers’
103 type, printing blocks.
104 17. Class 17 Unprocessed and semi-processed rubber, gutta
105 percha, gum, asbestos, mica and substitutes for all these
106 materials; plastics and resins in extruded form for use in
107 manufacture; packing, stopping and insulating materials;
108 flexible pipes, tubes and hoses, not of metal.
109 18. Class 18 Leather and imitations of leather; animal
110 skins and hides; luggage and carrying bags; umbrellas and
111 parasols; walking sticks; whips, harness and saddlery; collars,
112 leashes and clothing for animals.
113 19. Class 19 Building materials (non-metallic); non
114 metallic rigid pipes for building; asphalt, pitch and bitumen;
115 non-metallic transportable buildings; monuments, not of metal.
116 20. Class 20 Furniture, mirrors, picture frames;
117 containers, not of metal, for storage or transport; unworked or
118 semi-worked bone, horn, whalebone or mother-of-pearl; shells;
119 meerschaum; yellow amber.
120 21. Class 21 Household or kitchen utensils and containers;
121 cookware and tableware, except forks, knives and spoons; combs
122 and sponges; brushes, except paintbrushes; brush-making
123 materials; articles for cleaning purposes; unworked or semi
124 worked glass, except building glass; glassware, porcelain and
125 earthenware.
126 22. Class 22 Ropes and string; nets; tents and tarpaulins;
127 awnings of textile or synthetic materials; sails; sacks for the
128 transport and storage of materials in bulk; padding, cushioning
129 and stuffing materials, except of paper, cardboard, rubber or
130 plastics; raw fibrous textile materials and substitutes
131 therefor.
132 23. Class 23 Yarns and threads, for textile use.
133 24. Class 24 Textiles and substitutes for textiles;
134 household linen; curtains of textile or plastic.
135 25. Class 25 Clothing, footwear, headgear.
136 26. Class 26 Lace and embroidery, ribbons and braid;
137 buttons, hooks and eyes, pins and needles; artificial flowers;
138 hair decorations; false hair.
139 27. Class 27 Carpets, rugs, mats and matting, linoleum and
140 other materials for covering existing floors; wall hangings
141 (non-textile).
142 28. Class 28 Games, toys and playthings; video game
143 apparatus; gymnastic and sporting articles; decorations for
144 Christmas trees.
145 29. Class 29 Meat, fish, poultry and game; meat extracts;
146 preserved, frozen, dried and cooked fruits and vegetables;
147 jellies, jams, compotes; eggs; milk and milk products; oils and
148 fats for food.
149 30. Class 30 Coffee, tea, cocoa and artificial coffee;
150 rice; tapioca and sago; flour and preparations made from
151 cereals; bread, pastries and confectionery; edible ices; sugar,
152 honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
153 sauces (condiments); spices; ice (frozen water).
154 31. Class 31 Raw and unprocessed agricultural,
155 aquacultural, horticultural and forestry products; raw and
156 unprocessed grains and seeds; fresh fruits and vegetables, fresh
157 herbs; natural plants and flowers; bulbs, seedlings and seeds
158 for planting; live animals; foodstuffs and beverages for
159 animals; malt.
160 32. Class 32 Beers; mineral and aerated waters and other
161 non-alcoholic beverages; fruit beverages and fruit juices;
162 syrups and other preparations for making beverages.
163 33. Class 33 Alcoholic beverages (except beers).
164 34. Class 34 Tobacco; smokers’ articles; matches.
165 (b) Services:
166 1. Class 35 Advertising; business management; business
167 administration; office functions.
168 2. Class 36 Insurance; financial affairs; monetary
169 affairs; real estate affairs.
170 3. Class 37 Building construction; repair; installation
171 services.
172 4. Class 38 Telecommunications.
173 5. Class 39 Transport; packaging and storage of goods;
174 travel arrangement.
175 6. Class 40 Treatment of materials.
176 7. Class 41 Education; providing of training;
177 entertainment; sporting and cultural activities.
178 8. Class 42 Scientific and technological services and
179 research and design relating thereto; industrial analysis and
180 research services; design and development of computer hardware
181 and software.
182 9. Class 43 Services for providing food and drink;
183 temporary accommodation.
184 10. Class 44 Medical services; veterinary services;
185 hygienic and beauty care for human beings or animals;
186 agriculture, horticulture and forestry services.
187 11. Class 45 Legal services; security services for the
188 physical protection of tangible property and individuals;
189 personal and social services rendered by others to meet the
190 needs of individuals.
191 (c) Certification and collective membership marks:
192 1. Class 200 Collective membership marks.
193 2. Class A Certification marks for goods.
194 3. Class B Certification marks for services.
195 (d) The goods and services recited in collective trademark
196 and collective service mark applications are assigned to the
197 same classes that are appropriate for those goods and services
198 in general.
199 Section 2. Subsections (5) and (6) of section 495.031,
200 Florida Statutes, are amended to read:
201 495.031 Application for registration.—
202 (5) Every application under this section shall be signed
203 and verified by the applicant or by a member of the firm or an
204 officer or other authorized representative of the business
205 entity applying. Verification must be made in accordance with s.
206 92.525 and may be accomplished electronically in compliance with
207 ss. 668.001-668.006.
208 (6) Every paper application under this section shall be
209 accompanied by three specimens or facsimiles showing the mark as
210 actually used. Every online application submission under s.
211 495.0315 must be accompanied by an electronic copy of a
212 specimen, complying with the requirements of the department,
213 showing the mark as actually used.
214 Section 3. Section 495.0315, Florida Statutes, is created
215 to read:
216 495.0315 Online application for registration.—
217 (1) The department shall establish and maintain a secure
218 Internet website that allows an applicant to submit an online
219 trademark registration application in accordance with ss.
220 495.031 and 495.035 and a renewal application in accordance with
221 s. 495.071. The website must safeguard the applicant’s
222 information to ensure data integrity and allow the applicant to
223 do all of the following:
224 (a) Provide an electronic version of a required specimen of
225 use.
226 (b) Provide an electronic version of a drawing of the mark.
227 (c) Pay the fee required by s. 495.191.
228 (d) Complete the verification required by s. 495.031(5).
229 (2) The department shall make the online application system
230 required by this section available no later than December 31,
231 2027.
232 Section 4. This act shall take effect July 1, 2026.