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Questions Answered by Evelyn Suero
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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1 Answer | Asked in Copyright and Trademark on
Q: Can we use a logo which is now under status 606 - Abandoned - No Statement Of Use Filed

No statement of use filed ten years ago

Evelyn Suero
Evelyn Suero answered on Mar 25, 2021

When a trademark application has a status of abandoned, this does not necessarily mean that the trademark is available for use. The trademark may still be in use by the applicant or another business owner, or another confusingly similar trademark may now be in use. Consult with a trademark attorney... Read more »

1 Answer | Asked in Copyright on
Q: does this mean no linger valid trade mark Status 710 - Cancelled - Section 8
Evelyn Suero
Evelyn Suero answered on Mar 22, 2021

Per the USPTO, if a trademark registrant does not respond to an office action issued for a section 8 or section 71 declaration or a section 9 renewal application, the registration will be canceled and/or expire. However it is possible that the trademark (or a similar trademark) is still in use by... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Hello I am interested in trademaking FARM FRESH SPIRULINA. I see an application was made & abandoned - can I now apply?
Evelyn Suero
Evelyn Suero answered on Mar 21, 2021

An abandoned trademark status may be caused by failure to submit a required response to the USPTO. This does not mean that the trademark is not still in use by the applicant or by some other person, and using a trademark that is already in use could be deemed infringement. Consult with a trademark... Read more »

2 Answers | Asked in Trademark for Michigan on
Q: Can I trademark a word as part of a business name, if the single word is already trademarked by a different company?

Example:

If I wanted to use the business name “The Fatherhood Project”

The word “Fatherhood” is already trademarked by another company.

Same target audience, different products.

Is this acceptable?

Evelyn Suero
Evelyn Suero answered on Mar 21, 2021

A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My uncle left my grandmother his sister his house, she would like to sell it. Do we have to go through probate first?

Do you have have to hire a probate lawyer in order to process a will with the court and/or county?

Evelyn Suero
Evelyn Suero answered on Mar 15, 2021

If the Last Will controls how the property is to be distributed, then the estate will have to go through probate administration. A review of the deed of the home will also be necessary to determine the status of the property. Consult with a probate attorney for guidance and representation during... Read more »

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1 Answer | Asked in Trademark for Texas on
Q: Someone trademarked CHEBE HAIR GREASE can my own product be named CHEBE MAGIC HAIR GREASE or CHEBE ORGANIC HAIR GREASE
Evelyn Suero
Evelyn Suero answered on Mar 12, 2021

Using a trademark that is confusingly similar to another trademark being used in the same or related class/category of goods or services could be deemed infringement and will likely be a barrier to trademark registration. Using the same dominant words in the trademark may increase the likelihood... Read more »

4 Answers | Asked in Copyright and Trademark for West Virginia on
Q: Received a refusal of Trademark due to 'likelihood of confusion with other mark". Can we fight this response?

We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.

Evelyn Suero
Evelyn Suero answered on Mar 12, 2021

You may submit a formal response to the USPTO Office action refusal of your trademark registration. You must respond prior to the deadline indicated on the Office action, or your application will be abandoned. Work with a trademark attorney to assist you with this process.

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2 Answers | Asked in Estate Planning for Florida on
Q: I live in Florida, I have a will, do I still need an Enhanced Life Estate Deed to help beneficiaries avoid proabate?
Evelyn Suero
Evelyn Suero answered on Mar 9, 2021

In Florida, all assets belonging to the estate of a decedent (ie. titled in the name of the decedent) will typically undergo probate administration. A last will admitted to probate is used to determine the beneficiaries of the estate. A last will does not avoid probate. On the other hand, for... Read more »

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