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Questions Answered by Evelyn Suero
3 Answers | Asked in Trademark for Florida on
Q: Does “abandonment” mean this company is no longer trademarked and is able to be claimed by someone else ?
Evelyn Suero
Evelyn Suero answered on Jul 14, 2019

If you are referring to the status of "Abandoned" given to a trademark filed with the USPTO, then this just means that an application is no longer pending or has been declared abandoned due to failure to file a response or statement. However, it is important to keep in mind that this applicant or... Read more »

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: For an LLC in Florida... can the name of the company be XYZ Ltd. with Ltd being the designation of an LLC.

I know FL Stat. 608.406 1(a) states, "The world 'limited' may be abbreviated as "ltd." but I am not sure if that means as part of writing out Limited Liability Company, or if it can be used as the designation completely. Thanks

Evelyn Suero
Evelyn Suero answered on Jun 12, 2019

The Revised Florida Limited Liability Act is found in Florida Statutes Chapter 605. Section 605.0112 of the Act provides that the name of a Florida limited liability company must contain the words “limited liability company” or the abbreviation “L.L.C.” or “LLC.” The abbreviation "Ltd"... Read more »

1 Answer | Asked in Trademark for Florida on
Q: What would be the cost of trademarking a name and a logo?
Evelyn Suero
Evelyn Suero answered on May 30, 2019

Attorneys fees vary, however the application fee{s) begin at $225 per trademark per class/category.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If a trademarked name has a "Status710 - Cancelled - Section 8", does this mean it could possibly be available?

Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?

Evelyn Suero
Evelyn Suero answered on May 24, 2019

A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration... Read more »

2 Answers | Asked in Business Law and Trademark for Florida on
Q: Hello, Im a motorcycle businessman Im following a brand serial 75153969, Im interested to acquire this brand.

To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.

Evelyn Suero
Evelyn Suero answered on May 24, 2019

You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For... Read more »

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2 Answers | Asked in Trademark for Florida on
Q: How do I trademark a business name?
Evelyn Suero
Evelyn Suero answered on May 8, 2019

Business names and brands that are used to identify a source of goods of services can be protected with trademark registration. A mark can be registered with a state, nationally, or internationally depending on how the mark is being used in business/commerce. You should hire a trademark attorney to... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My mom died a week ago and left no will. I am the firstborn of two to my mom. How can I switch deed to my name?
Evelyn Suero
Evelyn Suero answered on May 8, 2019

My condolences for your loss. You will need an attorney to administer your mother's estate through probate proceedings. Since your mother passed away intestate (without a will), the Florida laws of intestacy will be applied to determine who will inherit the home.

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