Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Evelyn Suero
2 Answers | Asked in Copyright and Entertainment / Sports for Florida on
Q: Can I copyright the word “Désirée” for music entertainment purposes?

Can I use a group name and copyright it for entertainment purposes?

Evelyn Suero
Evelyn Suero answered on Nov 20, 2020

Names that are used to identify the source of goods or services, such as a group providing entertainment services, may be registered as trademarks. This is different from registering literary or musical works for copyright protection. Consult with a trademark attorney for more information.

View More Answers

2 Answers | Asked in Trademark on
Q: Can I use the name Cool Home Goods as well as the domain coolhomegoods.com for a commercial site in the USA?

My business is established in Bulgaria.

Evelyn Suero
Evelyn Suero answered on Nov 18, 2020

Businesses usually register their trademarks in any country where they intend to do business. However, the use of a particular trademark depends on many factors including whether such mark would infringe on the trademark rights of another. Consult with a U.S. trademark attorney to assist you with... Read more »

View More Answers

1 Answer | Asked in Intellectual Property and Trademark on
Q: hi, how can i get the licence to sell products with trademarks?
Evelyn Suero
Evelyn Suero answered on Nov 9, 2020

Generally, business owners contact the trademark owners directly to obtain licenses. The name and address of the owner and/or their attorney can usually be found on their trademark registration record on the USPTO website.

2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: Can I not use the word Crayola?

Well I sell makeup I just thought the name would be great fit ! What if I flip the C to a K or use the word crayon

Evelyn Suero
Evelyn Suero answered on Nov 9, 2020

Business owners should proceed with caution before using famous trademarks. This is because even when their is a low likelihood confusion or the marks are used in different industries, the famous trademark owner may still deem such use as infringement by alleging that the other mark is diluting... Read more »

View More Answers

3 Answers | Asked in Trademark for Florida on
Q: A trademarked company named Diamond Cosmetics demands that I change my business name.

They say I have to drop the name Diamond from my name because I am operating under their business name and they don't want any confusion because we both sell cosmetics, lip gloss, false eyelashes etc. I think it's bogus because "diamond" and "cosmetics" are common... Read more »

Evelyn Suero
Evelyn Suero answered on Nov 4, 2020

The viability of a trademark infringement claim generally depends on many factors including likelihood of confusion, geographical scope of use and registration, priority of use/first to use, owner's failure to adequately and timely enforce trademark rights, etc. It is important to consult... Read more »

View More Answers

2 Answers | Asked in Trademark for New Mexico on
Q: Can someone trademark a phrase that is within my longer trademark?

Is "Wild Daisy Graphics" (my hopeful business name) a different trademark than "Wild Daisy"? I'm afraid that even if I get Wild Daisy Graphics trademarked, then someone can come along and trademark "Wild Daisy" and then claim infringement on me.

Evelyn Suero
Evelyn Suero answered on Oct 31, 2020

Whether two trademarks are different or confusingly similar depends on many factors including the similarity/relatedness of the class/categories for the products and/or services represented by the trademarks; whether there is a likelihood of confusion, etc. The USPTO will likely issue a refusal of... Read more »

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Trademark certificate has Disclaimer what does it mean?

Trademark certificate states:

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE FOLLOWING APART FROM THE MARK AS SHOWN: “beautifying skin solutions”

What does this mean?

Evelyn Suero
Evelyn Suero answered on Oct 26, 2020

A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other... Read more »

View More Answers

3 Answers | Asked in Trademark on
Q: If I register a trademark with a similar name and similar goods and services will it get rejected?

Hello, I have a domain name and want to register a trademark for this name.

Looking through the US trademark search system, I see a live trademark with a name which could be considered word play on my name.

The goods and services is listed as:

IC 009. US 021 023 026 036... Read more »

Evelyn Suero
Evelyn Suero answered on Oct 23, 2020

Using a confusingly similar trademark in the same or related class/category of services as an existing trademark could be deemed infringement. Also, attempting to register such a mark could be refused by the USPTO due to a likelihood of confusion with a registered trademark. It is recommended... Read more »

View More Answers

2 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: the title of my business is the same as another well established company’s product

how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented

Evelyn Suero
Evelyn Suero answered on Oct 19, 2020

The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »

View More Answers

3 Answers | Asked in Probate for Florida on
Q: What should I do about this situation? Where do I start?
Evelyn Suero
Evelyn Suero answered on Oct 17, 2020

Consult with a probate attorney in Florida.

View More Answers

2 Answers | Asked in Trademark for Kentucky on
Q: How do I find out if a name is already trademarked ? I am starting a candle making business.
Evelyn Suero
Evelyn Suero answered on Oct 16, 2020

You can search the USPTO for registered trademarks, however this will not reveal whether there are businesses using the trademark in a similar class/category that may not have registered the trademark with the USPTO. These trademarks may also have common law rights against infringement. Work with a... Read more »

View More Answers

4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Evelyn Suero
Evelyn Suero answered on Oct 15, 2020

A brand name may be registered as a trademark with the USPTO if it is being used as a source identifier for your business and there are no other identical or similar marks being used for the same class/category of goods or services. There are many businesses that sell used items so this is not... Read more »

View More Answers

3 Answers | Asked in Trademark for California on
Q: If trademark has status "602 - abandoned-failure to respond or late response" does that mean that I can apply for it
Evelyn Suero
Evelyn Suero answered on Oct 12, 2020

A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: How can I get a copy of my dads will in manatee county
Evelyn Suero
Evelyn Suero answered on Oct 12, 2020

You should contact the clerk of court to determine if the last will has been deposited in that county.

View More Answers

2 Answers | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.

Evelyn Suero
Evelyn Suero answered on Oct 9, 2020

Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you... Read more »

View More Answers

3 Answers | Asked in Intellectual Property and Trademark on
Q: Can a foreigner file for trademark in us?

and what are the fees

Evelyn Suero
Evelyn Suero answered on Oct 9, 2020

Foreign applicants must be represented by a U.S. trademark attorney for applications filed at the USPTO. Fees vary among attorney, costs are determined by number is trademarks, number of class/categories, etc. If trademark is already registered in another country, it may be eligible to maintain a... Read more »

View More Answers

2 Answers | Asked in Trademark on
Q: If an item is not mentioned in a trademark ie light up pub sign then does that mean I can use that trademark?

I want to make a limited 100 piece run for Christmas sales of Leicester City Football Club Logo light up signs. Lots of other products mentioned in trademark but not light up signs.

Evelyn Suero
Evelyn Suero answered on Oct 7, 2020

A trademark may be considered confusingly similar to another trademark (and possibly infringing) if both marks are used in the same or similar goods or services. Consult with a trademark attorney to assist you.

View More Answers

3 Answers | Asked in Copyright and Trademark for Ohio on
Q: Can i take an abandoned trademarj
Evelyn Suero
Evelyn Suero answered on Oct 5, 2020

Before someone can use any trademark, they must first determine whether the mark or a similar mark is already being used in order to avoid possible infringement. It is best to consult with a trademark attorney to guide you through the process.

View More Answers

2 Answers | Asked in Banking, Estate Planning and Probate for Florida on
Q: As a son can I inherit part of the money located in my deceased father joint bank accounts with his surviving wife?

The spouse is not my mother and my father did a Will with specific % distributions including me and my brother as his heirs, along with her.

Evelyn Suero
Evelyn Suero answered on Oct 3, 2020

In Florida, a joint bank account held by a married couple is presumed to be held by tenants by the entireties which would mean that the account would pass directly to the surviving spouse by operation of law outside of probate. The Will typically would not control the disposition of that specific... Read more »

View More Answers

3 Answers | Asked in Banking, Estate Planning, Real Estate Law and Probate for Florida on
Q: All the money in savings and checking bank accounts go to the surviving spouse if they were joint accounts? No will

The deceased had 4 children with a previous spouse and 0 with the surviving spouse. They also bought 2 houses jointly.

Evelyn Suero
Evelyn Suero answered on Oct 2, 2020

In Florida, a joint account owned by married people is presumed to be held as tenants by entireties, and typically will pass to the surviving spouse outside of probate.

View More Answers

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.