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Questions Answered by Evelyn Suero
1 Answer | Asked in Copyright and Trademark on
Q: I have recently purchased a domain name https://www.atkinsdietplus.com/ and there is already a domain name present as

is this domain name causes trademark infringement?

Evelyn Suero
Evelyn Suero answered on Feb 28, 2021

Using or registering a trademark (or a similar trademark) that is already being used by another business in the same/related category of goods or services could be deemed infringement. When another business owns or has purchased a domain containing your proposed trademark (or a dominant word in... Read more »

2 Answers | Asked in Trademark for Florida on
Q: I would like to trademark “KOUTURE” is this available. Also what are the steps to trademarking anything
Evelyn Suero
Evelyn Suero answered on Feb 28, 2021

Before using or registering a trademark, you must first determine if your proposed trademark (or a similar trademark) is being used by another business in the same/related category of goods or services. Using a confusingly similar trademark could be deemed infringement. The first step is... Read more »

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2 Answers | Asked in Trademark for Utah on
Q: How much does a trademark cost?
Evelyn Suero
Evelyn Suero answered on Feb 25, 2021

Attorney fees vary. Filing fees are a minimum of $250 per trademark per class.

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2 Answers | Asked in Trademark on
Q: Hello My trademark is been done vis justia agency My trademark number is 5910706

I am trying to register my brand in amazon but they told me that this registration is not on a principal registry but only with agency

Can you please help?

Evelyn Suero
Evelyn Suero answered on Feb 24, 2021

Amazon is apparently requesting proof that you have registered your trademark on the principal registry of the United States Patent & Trademark Office (USPTO). If you have not done this, consult with a trademark attorney to assist you with the process.

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1 Answer | Asked in Trademark on
Q: Can i go with for example "JPL" in USA if "JPL ACCESSORIES" is already Active in USA?
Evelyn Suero
Evelyn Suero answered on Feb 23, 2021

The USPTO may refuse to register a trademark is there is a likelihood of confusion with another registered trademark in the same class/category(s). In this example, both marks could be confusingly similar since the dominant word in both trademarks are identical "JPL" (the word... Read more »

2 Answers | Asked in Probate for Florida on
Q: My father passed away (florida). one of his bank accounts listed 2 out of 4 siblings only. Who is entitled to this ?

My father passed away (florida) and one of the assets was a checking account listing 2 out of 4 siblings on it. I assume that the 2 siblings should receive this and that is is not part of the "estate" - assets to be divided by the 4 siblings.

Evelyn Suero
Evelyn Suero answered on Feb 22, 2021

My condolences for your loss. Generally, bank accounts owned jointly with others do not form part of the decedent's estate and pass directly to the surviving joint owners.

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1 Answer | Asked in Probate for Florida on
Q: Probate - Does the Personal Representative have to live in Florida (state of deceased) or be a blood relative ?

My father passed away. no will and no trust. He lived in Florida and had a house in NY. There are children (heirs) but we all agreed to appoint my aunt as the Personal Representative. She lives out of state. Is she allowed to be the PR if she is out of state and is not a blood relative ? She is... Read more »

Evelyn Suero
Evelyn Suero answered on Feb 22, 2021

My condolences for your loss. Pursuant to Florida statute 733.304, a nonresident who is related by lineal consanguinity to a spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent may qualify to serve as personal representative. She will need to hire a Florida probate attorney.

1 Answer | Asked in Trademark on
Q: If there is a Trademark name registered. How can you get around it to use a similar name (1 or 2 letters different)?
Evelyn Suero
Evelyn Suero answered on Feb 12, 2021

Determining whether a trademark may be deemed confusingly similar to another trademark depends on many factors. Changing one or two letters may not prevent infringement or refusal of registration if the marks are very similar and operate within the same channels of trade and/or within the same... Read more »

1 Answer | Asked in Trademark on
Q: If One person is using a Trademark name in US (un-registered). Can someone register it and sue him?
Evelyn Suero
Evelyn Suero answered on Feb 12, 2021

An unregistered trademark owner may sue to protect its trademark from infringement prior to registering it, however the remedies may be limited, depending on applicable law and the geographical areas where the trademark is in use/where the infringement is occurring. Consult with a trademark... Read more »

1 Answer | Asked in Trademark for Colorado on
Q: Does the "Spikeball" trademark held by Kankakee Spikeball restrict use of words Spike Ball on shirt designs?
Evelyn Suero
Evelyn Suero answered on Feb 8, 2021

Ability to legally use a trademark depends on many factors. If a trademark is registered and being used in a class/category that is similar or related to your proposed class/category, then that trademark could prevent your trademark from being registered. Additionally, using the trademark could... Read more »

3 Answers | Asked in Probate for Florida on
Q: My probate attorney has filed a motion to withdrawal. What happens to the estate in probate if the attorney withdraws?

I’m the PR of my father’s estate. His estate is in probate now but my attorney is filing for a motion to withdrawal.

Evelyn Suero
Evelyn Suero answered on Feb 8, 2021

The probate judge will likely require you to find a substitute Florida probate attorney to represent you within approximately 20 days.

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1 Answer | Asked in Consumer Law, Business Formation and Trademark on
Q: Hi...I am looking to register a brand name which shows cancelled 710 - section 8 on the portal. Pls advise
Evelyn Suero
Evelyn Suero answered on Feb 5, 2021

Generally, a cancelled trademark based on Section 8 typically occurs when the owner fails to file the required declaration, however the trademark may still be in use by the original owner or some other business. Consult with a trademark attorney for advice on your specific trademark.

1 Answer | Asked in Trademark for Florida on
Q: I see a trademark on the name Gypsy Soul. Would the name Gypsy Sol infringe?
Evelyn Suero
Evelyn Suero answered on Feb 4, 2021

The USPTO may issue a refusal for registration for trademarks which are confusingly similar to other registered trademarks for the same/related goods/services. When marks sound alike when spoken, are visually similar, etc., the marks may be considered confusingly similar. Using a mark that is... Read more »

3 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Florida on
Q: What do i need to proceed - Not a beneficiary but father has life insurance

My father passed away, i am not the beneficiary. He had a life insurance plan i believe, i have a death cert. but thats it.

Evelyn Suero
Evelyn Suero answered on Feb 2, 2021

My condolences for your loss. If the estate is the beneficiary of the life insurance policy, you will likely need probate administration. Consult with a probate attorney in the state where he resided for more information.

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3 Answers | Asked in Trademark on
Q: We would like to trademark Virosense. Please advise the cost, process and timeline.
Evelyn Suero
Evelyn Suero answered on Jan 18, 2021

Generally, the trademark registration application fee at the USPTO is between $250-350, and attorney fees vary. The process can take several months to several years depending on factors that arise during the application process. Consult with a trademark attorney for more information.

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3 Answers | Asked in Trademark for Georgia on
Q: I want to trademark a name that is considered “abandoned” and “dead” on TESS. What steps should I take?

The goods and services that the dead trademark provides is not in the same category as what I want to provide

Evelyn Suero
Evelyn Suero answered on Jan 17, 2021

Trademarks that are listed as "abandoned" or "dead" do not necessarily mean that the trademark is not in use by the original trademark applicant/registrant. Before using a trademark, it is important to determine whether the trademark (or a similar trademark) is currently in use... Read more »

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3 Answers | Asked in Trademark for Georgia on
Q: Is a cancelled trademarked name then available for use?
Evelyn Suero
Evelyn Suero answered on Jan 15, 2021

A cancelled trademark may still be in use by the original trademark registrant or some other business owner. In order to avoid claims of infringement, it is important to determine if a mark (or a similar mark) is in use for the same or related goods or services. Consult with a trademark attorney to... Read more »

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3 Answers | Asked in Trademark on
Q: Hello Can I use a trademark (not mine) after being canceled or abandoned since 2016 ? Thanks in advance

.

Evelyn Suero
Evelyn Suero answered on Jan 15, 2021

A trademark that is cancelled or abandoned with the USPTO does not mean that the trademark is not in use by the same owner or a different owner for the same or related goods or services. Consult with an attorney to guide you through the trademark process and with performing a trademark clearance... Read more »

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3 Answers | Asked in Trademark for Pennsylvania on
Q: how do I apply to trademark a logo?
Evelyn Suero
Evelyn Suero answered on Jan 14, 2021

Depending on how a trademark will be used, trademarks may be registered in your state or nationally via the USPTO. Some businesses also register their trademarks in other countries. You can review information about the process at the USPTO website. It is recommended that business owners work with... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My Mother in law just passed away in Broward County Florida, and My husband and I don't know if we need a Lawyer.

Can't find a Will. My Husband was given Power of Attorney. No siblings.

Evelyn Suero
Evelyn Suero answered on Jan 12, 2021

You should consult with a probate attorney to assist you with determining if you need probate administration to transfer assets and to review how assets are currently titled.

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