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Questions Answered by Evelyn Suero
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 »

4 Answers | Asked in Business Formation and Business Law for Florida on
Q: Needs a Professional to help me register my LLC in Florida

Please, I am looking for an expert who can help me register my LLC with the state of Florida

Evelyn Suero
Evelyn Suero answered on Apr 27, 2021

Business lawyers in Florida can assist you with registration of your LLC in Florida.

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1 Answer | Asked in Copyright for North Carolina on
Q: Can I use a word in a different font and design even though it's trademarked already?
Evelyn Suero
Evelyn Suero answered on Apr 9, 2021

It may be deemed infringement to use a trademark that is confusingly similar to another trademark that is in use for the same class/category of goods or services. There may not be an issue, however, if the trademarks are used for completely different goods or services when there is no likelihood of... Read more »

2 Answers | Asked in Business Formation and Trademark on
Q: hi! if i want to buy this trademark how do i move forward?
Evelyn Suero
Evelyn Suero answered on Apr 6, 2021

If you wish to purchase or license a trademark, you may contact the owner or the attorney listed on the trademark registration. On the other hand, if you are referring to registering your own trademark, you may begin a registration application with your state or with the U.S. Patent & Trademark... Read more »

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3 Answers | Asked in Trademark for New Jersey on
Q: Can others use our company name if we are trademarked?
Evelyn Suero
Evelyn Suero answered on Apr 5, 2021

Once you use a mark as a trademark for your goods or services, others cannot use the same or related trademark for the same or related class of goods or services. Registering your trademark provides additional benefits. Consult with a trademark attorney for specific information.

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1 Answer | Asked in Copyright on
Q: I was told that I could not use the tradename soul purpose life coaching because of this...is this true

I don't think that purposesoul trademark and soul purpose is the same thing

Evelyn Suero
Evelyn Suero answered on Apr 1, 2021

When two very similar marks are used for the same or related class of goods or service, they may be considered confusingly similar (and possibly infringing), especially when both marks are comprised of the same dominant words. Also, the USPTO may issue a refusal of registration on the basis of... Read more »

3 Answers | Asked in Probate for Florida on
Q: I am wondering what type of Deed do I need to transfer property into my name that I inherited? I live in Orlando Fl.

The Will has been filled and I have the death certificate and original Will. I was told that all I had to do was fill out the deed have it notarized and signed by 2 witnesses. Also enclose death certificate and a copy of the Will and take it to the Clerk of the Country Office? Thank you in advance... Read more »

Evelyn Suero
Evelyn Suero answered on Mar 30, 2021

Property that is owned by the estate of a deceased individual is distributed via court order via the probate administration process. Consult with a Florida probate attorney to assist you with opening probate and admitting the last will to probate.

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: FL Intestate succession when decedent and descendants have passed. Who has claim to estate?

Decedent had no will at time of death and surviving son never had deed/title changed. Now surviving son has passed. Decedent was divorced from Son's father when she purchased estate.

Evelyn Suero
Evelyn Suero answered on Mar 29, 2021

Ownership of the property will depend on how the deed is titled and the decedent's descendants & heirs. Without a last will, the property will likely be distributed in accordance with the Florida intestacy statute. Consult with a Florida probate attorney for assistance.

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