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Questions Answered by Evelyn Suero
3 Answers | Asked in Trademark on
Q: dear Sir/madam We are a new business and are looking to apply for a trademark

We require a trademark. and want to know we will not be breaking any laws before we start manufacturing. We are at the very early stages of our business. We want some advice on what we can do and not do if our product is very similar to others.

what are the procedures and what will it... Read more »

Evelyn Suero
Evelyn Suero
answered on Dec 30, 2021

When considering a trademark for a business, you should ensure that the trademark is not confusingly similar to another mark being used for the same class of goods/services. You should also register the trademark with the USPTO if you will use it in commerce. It is recommended that you consult... Read more »

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2 Answers | Asked in Trademark for New York on
Q: Hi Can I use R on my logo when my trademark status is "630 - New Application - Record Initialized Not Assigned To ..?
Evelyn Suero
Evelyn Suero
answered on Nov 23, 2021

The federal registration symbol, ®, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

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3 Answers | Asked in Probate for Florida on
Q: I am in need of probate help for my brother who passed away without a will. He has a house with a mortage of 65,000.

Is it possible for a person to file probate themselves and not use an attorney?

I do not have $4,000 and that seems to be what everyone charges.

My brother was not married and no children.. Next of kin is our mother who is 98 yrs old and I have her POA.

Evelyn Suero
Evelyn Suero
answered on Nov 4, 2021

Attorney fees are negotiable. You should consult with a probate attorney to discuss because probate administration is a complicated process.

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3 Answers | Asked in Trademark on
Q: I would like some help to register a trademark

We are a research company providing a news feed website and we want to register the name of the website as a trademark, we are based in Germany and Portugal

Evelyn Suero
Evelyn Suero
answered on Oct 26, 2021

Work with a US trademark attorney with experience with international companies.

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2 Answers | Asked in Trademark for California on
Q: I am starting a business called “Feng Shui Box” but it looks like “Feng Shui in a box” is trademarked. Is that ok?

My business is a subscription based box that I plan to sell on sites like cratejoy. Every month will be different feng shui tips/tricks and products.

Evelyn Suero
Evelyn Suero
answered on Aug 16, 2021

Using a trademark already registered and in use by another business for the same class of goods or services could be deemed trademark infringement. Consult with an attorney to determine your options.

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2 Answers | Asked in Trademark for New Jersey on
Q: This trademark expired because the owner forgot to renew it I’m a member of the Last Chance MC club and we would like

To renew and transfer the trademark.

What can I do to accomplish this

Evelyn Suero
Evelyn Suero
answered on Aug 13, 2021

The original registrant of the trademark may still be able to renew the trademark under the grace period and then proceed with assigning the trademark to your business. If this is not the case (and assuming this registrant nor any other business is using the trademark), you will have to start a new... Read more »

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3 Answers | Asked in Trademark on
Q: I would like to revive a trademark. How can I do this? and where can I have help?

I would like to revive the following trademark:

Serial Number78872802

Word Mark SENSYO

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2007-04-27

Filing Date2006-04-29

Evelyn Suero
Evelyn Suero
answered on Aug 10, 2021

A Petition to Revive a trademark registration application generally must be filed within two months of receipt of the Notice of Abandonment. A new trademark application will likely have to be filed in for such a trademark. However, note that the abandonment of an application does not mean that a... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Person dies with a will. Does executor or Florida probate decide Homestead property?

Will names personal rep. Rep was told property gets split among hiers, as if there was no will?

Evelyn Suero
Evelyn Suero
answered on Jul 12, 2021

Florida statute 732.401 controls the descent of the homestead property. It provides, that if the homestead property is not devised in the will as authorized by law and the constitution, then the homestead shall descend in the same manner as other intestate property. Consult with a probate attorney... Read more »

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5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Evelyn Suero
Evelyn Suero
answered on Jul 7, 2021

Generally, if your podcast name is not confusingly similar to another trademark in use, you may register your podcast name as a trademark with the USPTO. Consult with a trademark attorney to assist you with the process.

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3 Answers | Asked in Copyright on
Q: Is the trademark with the registration number 5099751 registered only in the US ? Or is this trademark for the world ?

Is the trademark with the registration number 5099751 registered only in the US ? Or is this trademark for the entire world ?

Would sourcing the product and then selling the product in Europe be a crime ?

Evelyn Suero
Evelyn Suero
answered on Jun 23, 2021

The registries on the USPTO website display trademarks that are registered in the United States. The registries do not display marks that are in use but not registered nor marks registered in other countries. However, it is possible to register your trademark in other countries. Consult with a... Read more »

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4 Answers | Asked in Trademark for Florida on
Q: Hello, can I attain this trademark
Evelyn Suero
Evelyn Suero
answered on Jun 17, 2021

Whether a trademark may be used depends on many factors. Generally, the trademark should not be confusingly similar to another trademark in use for similar or related goods or services. Consult with a trademark attorney to assist you.

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2 Answers | Asked in Copyright and Trademark for New York on
Q: Hello we Have israely brand name sabon michal ( the soap of michal) can i use the word SABON? Sabon in hebrow its soap
Evelyn Suero
Evelyn Suero
answered on Jun 15, 2021

Generally speaking, it is permitted to use a foreign word as part of your trademark. However, whether a trademark can legally be used depends on several factors including whether the trademark is not confusingly similar to another trademark that is in use for the same or related goods or services.... Read more »

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2 Answers | Asked in Trademark for California on
Q: I would like to pick up this Abandon trademark , BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

I was told that I could petition for the Abandoned trademark of BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

So I need a lawyer to help me to obtain the abandon trademark.

Evelyn Suero
Evelyn Suero
answered on Jun 1, 2021

A trademark application is typically deemed abandoned for failure to submit a required response to the USPTO. However it is still important to determine whether the mark is still in use by the applicant or by any other business. A trademark attorney can assist you with this process.

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2 Answers | Asked in Copyright on
Q: Trademark have Status710 - Cancelled - Section 8 Can I registered this mark for other owner?
Evelyn Suero
Evelyn Suero
answered on May 23, 2021

Using and registering a cancelled trademark depends on many factors, including for example, the reason for cancellation, whether this trademark (or a similar trademark) is currently being used by this owner or another person for the same or related class of goods and services, etc. Consult with a... Read more »

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3 Answers | Asked in Appeals / Appellate Law and Trademark for Connecticut on
Q: Hello , i had file with Uspto for mu business 8/10/2019 9/28/2020 they had abandoned my application
Evelyn Suero
Evelyn Suero
answered on May 23, 2021

A trademark application is typically abandoned for failure to timely respond to a refusal and/or some notification from the USPTO. You should consult with trademark attorney to determine if you should resubmit your application.

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1 Answer | Asked in Trademark on
Q: If I file for a trademark as an individual, will that put my name and home address on public records?

Is there some kind of privacy protection for this? I know there is domain privacy where the individual's information is substituted with the web host's information. Is there something like this in the form of trademark privacy for each of the 45 classes of trademarks?

Evelyn Suero
Evelyn Suero
answered on May 18, 2021

According to the USPTO, all of the information and documents you provide during the prosecution of an application and maintenance of a registration are available to the public and will be viewable on the USPTO website. There is a procedure for domicile address, which can be kept private if you... Read more »

2 Answers | Asked in Trademark for Illinois on
Q: If a trademark status "710 - Cancelled - Section 8"can I register the name with my logo ?
Evelyn Suero
Evelyn Suero
answered on May 16, 2021

A trademark that with a cancelled registration may still be in use by the owner or some other business. Consult with a trademark attorney to assist you with the application process and search for any confusingly similar trademarks that may be in use.

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2 Answers | Asked in Trademark on
Q: Hi, if the status of a trademark is: 602 - Abandoned-Failure To Respond Or Late Response I can take it or not?

Want to buy a domain but I saw that status here and I don't know exactly what does it mean.

Thanks!

Evelyn Suero
Evelyn Suero
answered on May 12, 2021

An abandoned trademark application due to failure to file a required response does not necessarily mean that a trademark is not in use. Before using a trademark, it is important to conduct a clearance search to prevent using and infringing on a trademark that is in use for the same or related goods... Read more »

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3 Answers | Asked in Trademark for Nevada on
Q: If a trademark is "dead" on the UPSTO Tess search can you file to use it as your own?
Evelyn Suero
Evelyn Suero
answered on May 12, 2021

A "dead" trademark application or registration may indicate that the mark is available for registration, but it does not indicate whether the owner or another business owner is using the trademark in commerce. The previous owner may have neglected to renew the registration, or another... Read more »

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1 Answer | Asked in Business Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero
answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

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