S. 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 app.
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