TRADEMARK/SERVICE MARK REGISTRATION GUIDELINES I. GENERAL INFORMATION Trademarks and Service Marks may be registered with the Florida Department of State pursuant to Chapter 495, Florida Statutes. Registration must be denied if a mark does not meet and comply with all of the requirements and provisions stipulated in Chapter 495, Florida Statutes. Marks are checked against other marks registered with this division and not against corporations, fictitious names or other entities. Rights to a name or mark are perfected by actual use in the ordinary pursuit of the specific endeavor; rights are not perfected by registration only, and the general rule of "FIRST IN USE, FIRST IN RIGHT" is applicable. Our agency registers trade and service marks on a state level. If you need information concerning the federal registration of trademarks, service marks or patents, please contact the Commissioner of Patents and Trademarks in Washington, D. C. by calling 571-272-1000. If you need information concerning copyrights, contact the Copyright Office in Washington, D. C. by calling 202-707-3000. Although trade names are defined in Chapter 495, Florida Statutes, there is no provision for their registration. If you wish to register a mark pursuant to Chapter 495, Florida Statutes, please submit one original and one photocopy of the Trade or Service Mark Registration application completed in its entirety, three specimens and a check made payable to the Florida Department of State for the appropriate amount. The application must be typed or neatly handwritten, signed and notarized. The mark must be in use before it can be registered. If registering a trademark, the good(s) or product(s) must be on sale in the market place. If registering a service mark, you must be rendering the service(s) you are advertising. The mere advertising of future goods or services does not constitute use of a trade or service mark. II. FEES AND CLASSES The fee to register a mark is $87.50 per class. Please refer to section 495.111, Florida Statutes (attached), for a list of classes. A certificate of registration will be issued free of charge. Please make check payable to the Florida Department of State. Should you need additional information concerning these classes or your classification, please contact the Registration Section by calling (850) 245-6051. III. SPECIMENS (SAMPLES) You must submit three specimens (samples) showing how the mark is used. They may be originals or legible facsimiles (copies). If your mark is a trademark, we will need specimens that are affixed to the good(s) or product(s). Some acceptable trademark specimens are: labels, decals, tags, wrappers, boxes, and containers. If your mark is a service mark, we will need specimens which reflect the type of service(s) being provided. Some acceptable service mark specimens are: business cards, brochures, flyers, and newspaper advertisements. If your mark is both a trade and service mark, you must submit three appropriate trademark specimens and three appropriate service mark specimens. Do not submit camera-ready copies, letterhead stationery, envelopes, invoices or matchbooks as specimens. Photographs of bulky specimens are acceptable if the mark to be registered and the good(s) or product(s) are clearly legible. We will not accept any specimens that have been altered or defaced in any way. IV. APPLICATION Part I. #1 - You must list the complete name and business address of the applicant. Please indicate if the applicant is an individual, a corporation, a limited partnership, a general partnership, etc. Enter the domicile state, Florida registration number and Federal Employer Identification number if the applicant is other than an individual. #2(a) - If a service mark, list the services the mark is used in connection with (i.e., restaurant services, real estate agency, insurance agency, etc.). CR2E014 (1/11) American LegalNet, Inc. www.FormsWorkFlow.com #2(b) - If a trademark, list the goods/products the mark is used in connection with (i.e., window cleaner, furniture polish, ladies sportswear, etc.). #2(c) - List the specific way the mark is applied to the good(s) or used in advertising: If a trademark, tell how the mark is applied to the goods (i.e., label, decal, engraving, imprinting on the goods or products themselves, etc.). If a service mark, tell how the mark is used in advertising (i.e., brochures, business cards, newspaper advertisements, etc.). #2(d) - List the applicable class(es). Please refer to section 495.111, F.S., (attached) for a list of these classes. Part II #1(a) - Enter the date the mark was first used anywhere. #1(b) - Enter the date the mark was first used in Florida. Part III #1 - Enter the mark to be registered. If the mark includes a design, include a brief written description. If your mark is in another language, please provide this office with an English translation of your mark in this section. #2 - Disclaimer - Your mark may include a word or design that must be disclaimed. All geographical terms and representations of cities, states or countries must be disclaimed (i.e., Miami, Orlando, Florida, the design of the state of Florida, the design of the United States of America, etc.). Commonly used words, including corporate suffixes, must also be disclaimed. Signature Portion Complete the signature paragraph accordingly. Please note the applicant's signature must be notarized. V. TRADEMARK/SERVICE MARK SEARCH Due to the amount of time it takes to conduct a thorough search of the records, this office does not provide trademark/service mark searches over the telephone. However, you may submit a written request. The request must specify the exact mark to be used and the good(s) or service(s) the mark is to be used in connection with. Please direct all requests to the Trademark Registration Section, Division of Corporations, P. O. Box 6327, Tallahassee, FL 32314. VI. PROCESSING TIME The application should be processed within two to five business days from the date of receipt. The processing time may be longer during our peak periods. All applications meeting the requirements of Chapter 495, F. S., on the initial examination will be filed as of the date of receipt. Applications received by courier are not handled on an expedited basis. VII. COURIER ADDRESS AND MAILING ADDRESS Mailing Address Registration Section Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 Street/Courier Address Registration Section Division of Corp