My uncle has passed away in St. Pete around a month ago. I wonder to ask about the legal process to begin probate.
answered on Jun 6, 2023
The answer depends on the facts of the estate. The last will should be deposited with the clerk of court within 10 days of date of death, and there are also deadlines for filing estate taxes or disclaimers, if applicable. Additionally, some assets such as, bank accounts may be inaccessible without... Read more »
Could I use that brand name anyways or no?
answered on Mar 1, 2023
An abandoned trademark application or registration does not necessarily mean that the trademark (or a similar trademark) is no longer in use by the registrant, or by some other user who has not registered yet. These users may still have common law rights against infringement. Working with a... Read more »
My father passed away and I am name PR and trustee. His Will states that all assets in his estate be passed to his Revocable trust, however his IRA had no beneficiary listed. Does the IRA need to pass through probate? He did not list his “assets” in the Will.
answered on Feb 27, 2023
When an IRA is owned by an estate as a result of having no beneficiaries, the estate must go undergo probate administration to transfer those assets in accordance with the terms of a will. Genrally, a will must be admitted to the probate court in order for assets belonging to the estate to be... Read more »
Can I, being his niece, fly to Florida with his death certificate and authorization to represent the surviving family, be able to have his assets transferred? Do I need to get a probate lawyer? I know of most of his assets, none including real estate. He had recently sold his house in Coconut... Read more »
answered on May 9, 2023
Based on your description of the assets, you will likely need a probate attorney to obtain an Order Appointing you as Personal Representative and to administer this estate. If the sisters (heirs) consent, you may be able to serve as personal representative. Consult with a probate attorney for more... Read more »
I want to trademark a name and software similar to Facebook's REACT. But I see that the name is used in different industries and I was wondering If I could trademark it even if it is used elsewhere.
answered on May 3, 2023
It may be possible to register a trademark with a similar name when the goods or services for the respective trademarks are not similar, however if the goods or services are similar (ie. you mentioned similar sodtware), it is likely that the USPTO will refuse to register the trademark due to... Read more »
answered on Apr 17, 2023
Generally a trademark should be registered in the precise manner that you will use it to promote/sell your goods and services. However consulting with a trademark attorney is recommended to determine the best option.
That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?
answered on Mar 28, 2023
It is likely that a trademark application for a mark that is very similar to a registered trademark will be refused on the basis of likelihood of confusion, especially when the differences between both marks are minimal and both marks are used for the same goods or services. Consulting with an... Read more »
answered on Mar 27, 2023
The Coco Chanel trademark is registered and owned by Chanel Inc. for perfume.
We did everything asked from the government site. Replied to the examiner etc. This was during the "Covid ordeal" so no one ever got back with us. Great excuse. Then they just abandoned it as failure to respond even though we did. We still need to get this trademarked. I guess they just... Read more »
answered on Mar 21, 2023
It is possible that your response did not fully address all of the issues presented by the examiner and therefore resulted in abandonment. It is recommended that you work with a trademark attorney to guide you if you decide to submit a new application.
answered on Mar 16, 2023
In Florida, an estate generally consists of all of the assets and property owned by the decedent, which includes partial interests. Whether the camper is part of the decedent's estate will also depend on how the camper is specifically titled. Consult with a probate attorney for more information.
I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.
answered on Mar 14, 2023
Trademarks may be registered with your state or federally with the USPTO. It is recommended that you work with a trademark attorney to assist you with determining the proper classes of good or servces for your registration and to conduct a clearance search.
answered on Feb 23, 2023
In Florida, a business owner should register a fictitious name (or DBA) if they will operate under a name other than their legal name.
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 »
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 »
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.
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.
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.
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
answered on Oct 26, 2021
Work with a US trademark attorney with experience with international companies.
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.
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.
To renew and transfer the trademark.
What can I do to accomplish this
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 »
I would like to revive the following trademark:
Word Mark SENSYO
Status602 - Abandoned-Failure To Respond Or Late Response
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 »
Will names personal rep. Rep was told property gets split among hiers, as if there was no will?
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.