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the owner of the mark, that the mark is in use, and that, to the best of the
applicant’s knowledge, no other person except a related company has
registered such mark in this state, or has the right to use such mark in this
state, either in the identical form thereof or in such near resemblance thereto
as to be likely, when applied to the goods or services of such other person, to
cause confusion, to cause mistake, or to deceive. The application must be
accompanied by payment of the requisite fee, a drawing page depicting the
mark, and three specimens of the mark as it is actually used. After the
application is filed, it is reviewed. The application may be amended by the
Department upon agreement from the applicant, within three months of the
request for amendment. Upon compliance, the Department shall issue a
“certificate of registration” to the applicant.

(e) Post-Certificate State Procedures. A certificate of registration issued by the
state of Florida remains in effect for five years. The initial five-year term of a
certificate of registration can be renewed within the term’s last six months for
an additional five-year term by furnishing evidence of continued use of the
mark, a verified statement that the mark is still in use in the State of Florida or
a statement that its nonuse is due to special circumstances that excuse its
nonuse, and payment of a fee.

A trademark registered in the state of Florida may be canceled by the
department upon receipt of a voluntary request; nonrenewal; upon a finding
by a court of abandonment, that the registrant is not the owner, that the
registration was granted improperly, that the mark was obtained fraudulently,
or that the mark has become generic; or when a court orders cancellation of
the mark on any ground.

(f) Infringement. On behalf of the owner of a mark, a court may enjoin the
manufacture, use, display, or sale of any counterfeits or imitations thereof,
require forfeiture of profits derived from wrongful display, manufacture, use, or
sale and to pay costs of the action, and may order seizure of counterfeit
goods under the control of the defendant.

(g) Dilution. The owner of a mark that is famous in the state of Florida is entitled
to an injunction and other relief against another person’s commercial use of a
mark or trade name if such use begins after the mark has become famous
and is likely to dilute the distinctive qualities of the famous mark. Factors used
to determine whether a mark is famous are stated at Florida Statutes §
495.151.

7.2.4 State of Florida Deceptive and Unfair Trade Practices Act
The State of Florida Deceptive and Unfair Trade Practices Act, Chapter 501.200, et al., makes
unlawful unfair methods of competition, unconscionable acts or practices, and unfair or
deceptive acts or practices in the conduct of any trade or commerce and makes state
consumer protection in Florida consistent with federal consumer protections.

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