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Florida Trademark Questions & Answers
1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Adam Ira Skolnik
Adam Ira Skolnik answered on Jul 17, 2021

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

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1 Answer | Asked in Trademark for Florida on
Q: Can same words have a "standard character mark" and a "style mark" with specific artwork from a different company?

There is an existing "standard character mark" for a 4-word phrase owned by another company, but I want to register and use that same 4-word phrase in a "style mark" that incorporates our company logo.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 26, 2021

Don't recommend it at all

Very risky

Consult with an attorney for an evaluation of your risk and options

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

You need to consult with an attorney for a review and analysis

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2 Answers | Asked in Trademark for Florida on
Q: Does trademark trump public domain?

Can I adapt the murder of roger ackroyd (in the public domain in 2022) and include hercule poirot?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

you are probably confused with copyrights

You should consult with an attorney and do an analysis of your plans.

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2 Answers | Asked in Foreclosure and Trademark for Florida on
Q: is this case with california club explaining a foreclosure or failure to pay for a trademark?

i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.

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1 Answer | Asked in Copyright and Trademark for Florida on
Q: Can I use “Lucky 13” in clothing prints

I was thinking of using the words “lucky 13” for some clothing designs and just wanted to be sure not to step on anyone’s toes by doing that.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

You need to consult with an attorney and search for potential of conflict

Best luck

Marcos

1 Answer | Asked in Trademark for Florida on
Q: The owner of a trademark died without a will. Can this Trademark be claimed as abandoned?

The owner was my father. His wife at the time moved back to Russia & is not claiming the Trademark. I have a Death Certificate to prove he is deceased

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

You probably need to do probate and get a disposition of all assets including intellectual property.

Hire an attorney!

1 Answer | Asked in Trademark for Florida on
Q: If I have a trademarked name let's say SliderMan, can someone come along and call himself Dan tthe SliderMan in FL?
London Davenport
London Davenport answered on Apr 15, 2021

The short answer is "it depends." If he is using the mark in a similar manner to your registered use then you can likely enforce your rights in the mark against him. You should consult with a trademark attorney to assist you with evaluating your legal rights. An attorney can send a cease... Read more »

1 Answer | Asked in Trademark for Florida on
Q: How do I continue with my Trademark application for Serial Number 87513618?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 13, 2021

You application was abandoned.

You need to review the reason of the refusal and try again or a different mark.

You should consult with an attorney.

2 Answers | Asked in Trademark for Florida on
Q: I would like to trademark “KOUTURE” is this available. Also what are the steps to trademarking anything
Drew Chalfant
Drew Chalfant answered on Feb 27, 2021

A trademark attorney can help break this down for you. Most of them over charge their clients and don’t really give a s*** about your business beyond the trademark filing. Call me if you want a fair price on your trademark and someone who wants to plug in as a legit partner in your company’s growth.

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1 Answer | Asked in Trademark for Florida on
Q: I see a trademark on the name Gypsy Soul. Would the name Gypsy Sol infringe?
Evelyn Suero
Evelyn Suero answered on Feb 4, 2021

The USPTO may issue a refusal for registration for trademarks which are confusingly similar to other registered trademarks for the same/related goods/services. When marks sound alike when spoken, are visually similar, etc., the marks may be considered confusingly similar. Using a mark that is... Read more »

2 Answers | Asked in Trademark for Florida on
Q: Is there a way to trademark another item under the trademark I currently have in order to have a lesser fee

..or are all trademarks separate no matter if its different trademarks within one business you currently have?

Evelyn Suero
Evelyn Suero answered on Jan 9, 2021

Each trademark application with the USPTO is a separate application with its own fee(s). A logo trademark is filed separately from a word/phrase trademark, for example. However, an applicant may select multiple class/categories of use on a trademark application, but if the applicant later wishes... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: Is it legal to use the name "Love Spell" on a candle?
Timothy John Billick
Timothy John Billick answered on Jan 8, 2021

It is possible that this phrase is protected under trademark law. In which case, the scope of your rights could be determined by any prior use of the same or similar mark.

Whether your use of a mark infringes on someone else's use hinges on a number of factors including:

(1)...
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2 Answers | Asked in Trademark, Real Estate Law, Business Formation and Intellectual Property for Florida on
Q: I want to make an underwear line with a specific name, but the name I want to use is already trademarked. Can I use it?

It's trademarked for Real Estate agencies and Real Estate Brokerage. This is a different industry than I would be in so does it really matter?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 31, 2020

You should consult with an attorney to understand your risks

In general trademarks can coexists if they are in different categories that there is no chance people can get confused as of the origin of the product or service

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1 Answer | Asked in Trademark for Florida on
Q: Can the word Muggle be used in book title? Since titles can’t be trademarked?
Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

You still run the risk of copyright infringement from the Harry Potter rights holders; for it is well-established that characters are subject to copyright protection. This is a gray area, however, because "muggle" is essentially a race within the HP world, and the HP rights holders would... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Where do I apply to register a trademark that does not infringe on any other trademark in use?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 13, 2020

Go to USPTO

You should consult with an attorney to assess your risks and options.

3 Answers | Asked in Trademark for Florida on
Q: If the trademark is under abandonment does that mean it can be trademark by someone else
Evelyn Suero
Evelyn Suero answered on Dec 11, 2020

An abandoned trademark application may simply mean that the applicant failed to file a required response to an office action, etc. This does not mean that such applicant has stopped actually using the trademark in commerce for their goods or services. Applications may also be revived under certain... Read more »

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3 Answers | Asked in Trademark for Florida on
Q: If a name is already registered but under a different class would I still be able to file for a new trademark?
Steve Charles Vondran
Steve Charles Vondran answered on Dec 5, 2020

Generally speaking, the same name (trademark) can be used in different categories as long as there is no "likelihood of consumer confusion." For example, there is the Lexus car, and the Lexis legal research software (which I use). This is not legal advice. Consumer confusion is many... Read more »

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3 Answers | Asked in Copyright and Trademark for Florida on
Q: How can I renew a trademark that expired on July 2020?

Reef Chicks is registered to an ex co-owner of the company. I need to renew the trademark and have the owner name changed.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Dec 1, 2020

A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the... Read more »

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