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Questions Answered by Linda Liang
3 Answers | Asked in Trademark on
Q: Lets say there is a Trademark for "Pinky Skin", can we trademark "Pinky Skin!" or "Pinky Skin Co"?

Lets say "Pinky Skin" is trademarked back in 2018

IC 003. US 001 004 006 050 051 052. G & S: Cosmetics

but they are not using it anywhere on their products, websites, or social media. Feels like they just got it and they decided not to use it.

We wanna launch a... Read more »

Linda Liang
Linda Liang answered on Jun 16, 2021

Theoretically speaking, you need to be sure it is not only similar in words, but also in appearance and sounds, to any marks used or applied for by other parties. You are right, unless a thorough search is complete, nobody can say for sure.

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3 Answers | Asked in Trademark on
Q: What is the meaning of “a likelihood of confusion including the likelihood of association” in trademark law?

Also give some examples to better understand that situation.

Linda Liang
Linda Liang answered on Jun 16, 2021

Likelihood of confusion means the marks are similar and the goods and or services related such that consumers would mistakenly believe they come from the same source.

An application will rejected if: (1) the mark is a generally known geographic location; (2) purchasers would be likely to...
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2 Answers | Asked in Immigration Law for Florida on
Q: My I-765 form was rejected 3 times because “the payment amount is incorrect or has not been provided” I’m applying based

On spouse beneficiary.. i tried $400/$500/$550 and got rejected but someone told its free all you need is to send it with i-485 receipt but I didn’t receive one, I received that they will need me to submit i-693 form(medical exam) when they send me an interview for i-485 .. what should i do ??

Linda Liang
Linda Liang answered on Jun 15, 2021

You should file again after you receive I-485's receipt.

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2 Answers | Asked in Divorce and Immigration Law for Florida on
Q: My husband is applying for Tps and work permit we are married but filing for divorce . Will that affect divorce?

He arrived with a K1 visa been married 2 years

Linda Liang
Linda Liang answered on Jun 13, 2021

Florida is no fault state, meaning if the marriage is irretrievably broken, judge may grant a divorce. Filing TPs and work permit should not affect divorce.

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2 Answers | Asked in Trademark for Colorado on
Q: If I buy a trademarked item from a licensed seller can I use that item in the product I create and sell it?

I am buying the insignia for a military branch then affixing it to a wooden flag, then selling the flag. The company I am buying the insignia from is licensed to sell them.

Linda Liang
Linda Liang answered on Jun 13, 2021

Sounds like you mistook trademark with patent. Trademark is brand and patent is ownership of a certain design or method. A product is trademarked does not mean you cannot use it unless you obtain license. On the contrary, If a product is patented, you must obtain a license.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: DOR CS not posting unemployment payments timely or accurately. Emailed DOR for assistance - referred me to Clerk.

Clerk of Court has zero payments! If everything is electronic, why is there a discrepancy? Why doesn't the Clerk of the Court have any information? How do I get the Clerk to have the updated payments OR will the Court be able to see payments whenever we go back? Thank you for your help!

Linda Liang
Linda Liang answered on May 28, 2021

That's a question for the clerk.

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Have a purchase /sales contract for vacant lot in Florida, Im the seller. Contract executed 1/29/21 with closing date

30 days from 1/29. I signed as POA for my father who owned lot with my mother due to him being incapacitated. Title company refused to accept POA, b/c only 1 witness. I tried to remedy by contacting lawyer who executed POA, but attorney is retired and won't sign affidavit for title company. I... Read more »

Linda Liang
Linda Liang answered on May 27, 2021

A power of attorney must be signed by the principal and by two witnesses to the principal’s signature, and a notary must acknowledge the principal’s signature for the power of attorney to be properly executed and valid under Florida law. There are exceptions for military powers of attorney and... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can I apply to AOS on regards of winning DV Lottery 2021 and being out of status with an asylum pending case?

Can I apply to AOS on regards of winning DV Lottery 2021 and my number being current starting June 1st 2021 when I entered as a tourist and now my status is Asylum Pending (which is not a status)? I was 3 months and a half without a status before I applied to political asylum. I will apply this... Read more »

Linda Liang
Linda Liang answered on May 27, 2021

You can because when your asylum is pending your unauthorized stay is not occurred. You should hire an attorney to help you to avoid miscommunication.

4 Answers | Asked in Divorce and Immigration Law for Florida on
Q: Can I get divorced in Florida?

My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?

Linda Liang
Linda Liang answered on May 26, 2021

If you have been living in Florida for over 6 months and have proof for it, yes, you can .

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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?

Linda Liang
Linda Liang answered on May 25, 2021

They are two different things. You should consult an attorney to discuss your goals.

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2 Answers | Asked in Trademark for Massachusetts on
Q: Suppose JUSTIA is a registered trademark. Is using a word like Justiaer as a service or product name a violation?
Linda Liang
Linda Liang answered on May 25, 2021

To answer your question, it is to decide whether justiaer is confusingly similar to Justia. In trademark law, "confusingly similar" refers to when a symbol or logo is so exceedingly similar to an existing trademark that the public might mistake the symbol with the existing trademark. It... Read more »

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2 Answers | Asked in Trademark for Louisiana on
Q: How do I get permission to use the woody woodpecker logo
Linda Liang
Linda Liang answered on May 24, 2021

Find out who is the owner of the trademark and contact him or her to make offer

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1 Answer | Asked in Family Law and Adoption for Florida on
Q: I was born in PR and Adopted in NY. Where can i obtain my original birth cert w/ my birth parents on it?

I am taking a trip to Puerto Rico. Is there an office in San Juan that i can obtain my original birth cert w/ my birth parents name on it?

Linda Liang
Linda Liang answered on May 21, 2021

The Government of Puerto Rico has partnered with document provider VitalChek to provide an expedited method for ordering new birth certificates. To apply through this method please visit: www.vitalchek.com. Vital Check also offers a bilingual call center available 24 hours a day, seven days a week.

1 Answer | Asked in Trademark for Colorado on
Q: I am working on writing a book. I like the title The Woodsman. Can I use that if it is trademarked by Gunhide Properties
Linda Liang
Linda Liang answered on May 19, 2021

Trademark provides legal protection of brand of product and service. Book title is not a brand. I do not think using someone's trademark as book title constitute infringement of trademark.

3 Answers | Asked in Juvenile Law for Florida on
Q: If I kick my daughter's BF out of my home is it call abuse. He is 17 and my girl is 16. His legal address is not my home

We didn't kick him. We just told him to get out our house. Because his mom said by tell him get out we abuse her son. Thank you for you all answer my question.

Linda Liang
Linda Liang answered on May 19, 2021

He is your guest. You have every right to withdraw your permission for him to stay in your own home.

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2 Answers | Asked in Adoption, Family Law and Tax Law for Florida on
Q: If you had a child that was adopted are you allowed to have the original copy being the biological parent

I have my son adopted in November of court issues I'm trying to attain a copy of my son's birth certificate to show the IRS that I had my son for the first part of the year how do I go about doing that

Linda Liang
Linda Liang answered on May 17, 2021

Contact the Bureau of Vital Statistics. They offer walk-in or mail-in services. To save time, download and complete the forms you need. The Bureau of Vital Statistics may be reached at (904) 359-6900, ext. 9000.

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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.

Linda Liang
Linda Liang answered on May 17, 2021

check on the website of Secretary of State of California at https://www.sos.ca.gov/business-programs/business-entities

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1 Answer | Asked in Contracts for Florida on
Q: A company failed to provide services contracted for. What legal recourse do I have if further collections are attempted?

I own a small waste management company in North Fla. Recently a piece of equipment was stolen prompting me to install GPS units on other assets. I contracted a firm that provides the GPS devices and monitoring service. We entered into a three year agreement. In "normal mode" of operation... Read more »

Linda Liang
Linda Liang answered on May 16, 2021

You have a cause of action for breach of contract. You can start with a demand letter and hope to get into a negotiation.

2 Answers | Asked in Trademark for New Hampshire on
Q: I have a newly created motorcycle group with a name and patch. Is it best to trademark or copywrite?

This group is truly a group and not considered a motorcycle club. We have documented bylaws and an executive board who holds titles and positions. We are attempting to protect the name and image of the patch but want to know if it is better to trademark or copywrite.

Linda Liang
Linda Liang answered on May 14, 2021

A name and a patch? You mean logo?

Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Trademark protects brand names and logos used on goods and services. To...
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1 Answer | Asked in Contracts for Florida on
Q: My grandmother passed away and her kids have decided to sell the house, one of them live outside Puerto Rico, how can be

done without flying in to PR ?

Linda Liang
Linda Liang answered on May 14, 2021

You are saying you live outside Puerto Rico, you are a beneficiary and you consent to sell the house, but you do not want to fly to Puerto Rico, right? This is a question for closing company.

If you are not beneficiary, or you are but you do not consent, or you are not sure, you should...
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