Ago

Ms. Deborah Kearney General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250

Dear Ms. Kearney:

You have requested my opinion on the following question:

Is a state agency authorized to obtain a trademark in order to protect a particular program name?

In sum:

Florida law currently criminalizes the misuse or deceptive use of state agency seals or logos and state statutes provide limited authority to specific state agencies to secure or hold trademarks. However, a state agency may not secure or hold a trademark in the absence of such specific statutory authority nor is the…