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Questions Answered by Evelyn Suero
2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

Evelyn Suero
Evelyn Suero answered on Sep 21, 2020

A status of abandoned does not mean that the trademark is no longer in use by the original owner or that it is not in use by another. Prior to using a trademark, it is important to work with a trademark attorney to assist you with performing a trademark search to ensure that your use of a trademark... Read more »

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1 Answer | Asked in Trademark on
Q: If a phrase is trademarked can I use it as my blog name online? 'Taste buddies"
Evelyn Suero
Evelyn Suero answered on Sep 19, 2020

If use of a trademark would create confusion as to the source of the goods or services (ie. whether the good or service is sold by one company vs another), then it could be considered infringement of the trademark, especially if both trademarks are used in the same or related class/category(s) of... Read more »

1 Answer | Asked in Trademark on
Q: Hi, I applied for a trademark years ago, and abandoned it. Now, my address is accessible online. Can I remove?

Is it possible for me to remove my trademark application? Or at least my name & address? Now my home address is publicly accessible to anyone who looks it up & this makes me concerned for my safety.

Thank you for your help!

Best,

Eve

Evelyn Suero
Evelyn Suero answered on Sep 15, 2020

Trademark applications and registrations are public records.

2 Answers | Asked in Business Law and Trademark for Florida on
Q: I need to get a lawyer to assist my Veteran's NonProfit 501c3 to trademark/stripe something something

We want to trademark/stripe "Got Your Six"

Evelyn Suero
Evelyn Suero answered on Sep 15, 2020

You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.

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2 Answers | Asked in Trademark for New York on
Q: Can I use a trademarked logo for clothing? Serial Number 87261241
Evelyn Suero
Evelyn Suero answered on Sep 15, 2020

Using another business' trademark logo could possibly violate both trademark infringement laws as well as copyright laws for the design. Consult with a trademark attorney to discuss your options.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Evelyn Suero
Evelyn Suero answered on Sep 11, 2020

A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Is it really not allowed to file for a SUMMARY ADMINISTRATION without an attorney, in miami-dade county probate court?

A bank has reliquished savings funds to the floridatreasurehunt.gov. The state in turn will relinquish those assets to the next of kin once a probate order has been given. There was no will, it was past the 2 year statue of limitation for creditors and the amount in question is less than $75,000 a... Read more »

Evelyn Suero
Evelyn Suero answered on Sep 9, 2020

With very limited exceptions, a probate attorney is required in Florida probate proceedings due to the complexity of the process.

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1 Answer | Asked in Trademark for California on
Q: the name HOOKLESS has been trademarked. Does that mean that you cannot use the word hookless as an adjective???
Evelyn Suero
Evelyn Suero answered on Sep 8, 2020

If the intended trademark is confusingly similar to another trademark and both trademarks would be used in the same or related category(s) of goods/services, then using such a trademark could be deemed infringement and would likely receive a rejection of trademark registration. However many similar... Read more »

1 Answer | Asked in Trademark for New York on
Q: if I see someone has trademarked the same name as I would like to, but theirs is in a unique font would I still be able

(cont) to trademark said name + my sub heading= altogether?

Evelyn Suero
Evelyn Suero answered on Sep 7, 2020

If a trademark is confusingly similar to another registered trademark and there is a likelihood of confusion for consumers as to the source of the good or services being represented by the trademarks, then the trademark examiner may reject an application for trademark registration. However many... Read more »

1 Answer | Asked in Consumer Law, Copyright and Products Liability for California on
Q: Hello, I plan on having a bottled beverage company. Where do I start in making sure my company's name is trademark?
Evelyn Suero
Evelyn Suero answered on Sep 5, 2020

Trademark registrations may be filed as Intent to Use ahead of time, however proper clearance of the trademark should be conducted to ensure that the trademark is not being used by anyone else in the same or related class/category. Work with a trademark attorney to assist you.

1 Answer | Asked in Trademark for Alabama on
Q: Hello! I purchased a trademark that is now in abandoned status. I would like to know the proper steps to reactivate.

Serial Number 85926113

Evelyn Suero
Evelyn Suero answered on Sep 3, 2020

Depending on how much time has passed since the trademark was deemed abandoned by the USPTO, you may be eligible to petition to revive it. However, it is more likely that a new trademark application for registration will have to be filed. A proper clearance search, however, must be conducted in... Read more »

1 Answer | Asked in Trademark for California on
Q: Is there a such thing called common law trademark ?
Evelyn Suero
Evelyn Suero answered on Sep 3, 2020

Trademarks which are used prior to registration accrue common law rights against infringement.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I would like to trademark the name ab roller for example. Would I registered it as "the ab roller" or "ab roller"?

Furthermore, if I only register the trademark under the name " The Ab roller" can someone later on come and a file trademark under "Ab roller" for the same line of business being conducted?

Greatly appreciated your help~

Evelyn Suero
Evelyn Suero answered on Sep 2, 2020

Trademarks are registered in the exact way that they are used in commerce. If someone attempts to register a confusingly similar name for the same class/category of goods or services, where there is a likelihood of confusion, their application for trademark registration will very likely be... Read more »

2 Answers | Asked in Trademark for Arizona on
Q: If full send is trademarked, how would we go about getting full send AZ trademarked?
Evelyn Suero
Evelyn Suero answered on Aug 30, 2020

The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a... Read more »

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1 Answer | Asked in Trademark on
Q: Hello, How can I Know, who is the owner of a trademark ?

I would like to know, who is the owner of Kemetic Knowledge.

Evelyn Suero
Evelyn Suero answered on Aug 29, 2020

If the trademark is a registered trademark, you can search for it using TESS on the USPTO website to find the name of the owner.

2 Answers | Asked in Copyright and Trademark for Missouri on
Q: I want to trademark High AF as a brand and logo how can i do this since there is an un-used trademark of the same name?

I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 28, 2020

Trademarks are generally categorized by class. If the mark you intend to use is in a different and unrelated class/category, you may be able to use and register the mark. It is important that you work with a trademark attorney to assist you with the process and with a clearance search to ensure... Read more »

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1 Answer | Asked in Copyright for New Jersey on
Q: If an apparel company is called i.e "New York Spins Fastest", is it legal to start a brand called "Spain Spins Fastest"?

Basically, is it legal to exchange the first word and make a new brand out of it (whether it's Spain, Texas etc)? I was about to make a new brand when it came to my attention that there is already a brand with a very similar name- and it's apparel as well. The original company is... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

Using a trademark that is very similar to an existing trademark in the same class/category may be at risk for a claim of trademark infringement and dilution. Moreover, the USPTO may reject the trademark application due to a likelihood of confusion with a registered trademark. Consult with a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: How can I register or claim trademark
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

Trademarks may be registered with a state or federally with the USPTO. Consult with a trademark attorney to assist you with clearance search and application process.

1 Answer | Asked in Trademark for Iowa on
Q: If a person has abandoned a Trademark because of no statement of use filed? Can someone use that Trademark?
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

A status of abandonment does not necessarily mean that a trademark is available for use. The owner or some other person may still be using the trademark and have common law rights against infringement. However, it may also depend on whether the new trademark will be used in the same or a related... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Grandmother living in PR but has property in FL. Can she write a quitclaim deed to me to transfer the FL property to me?

If she were to pass without having a will would the FL property still be considered part of the estate or would it be exempt as it has been signed over to me with the quickclaim deed? If it is still part of the estate, is there a way for her to sign the FL property over to me before she passes in... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 25, 2020

Generally speaking, property that is not titled in a decedent's name does not go through probate process since it is not part of the decedent's estate. However there are many issues to consider, including tax consequences/reporting, Medicaid lookback periods, challenges of such property... Read more »

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