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Questions Answered by Evelyn Suero
2 Answers | Asked in Probate for Florida on
Q: My uncle passed suddenly and he has no will.Can I fly from Calif. with death cert. to claim his assets in Fla.w/out law

Can I, being his niece, fly to Florida with his death certificate and authorization to represent the surviving family, be able to have his assets transferred? Do I need to get a probate lawyer? I know of most of his assets, none including real estate. He had recently sold his house in Coconut... View More

Evelyn Suero
Evelyn Suero
answered on May 9, 2023

Based on your description of the assets, you will likely need a probate attorney to obtain an Order Appointing you as Personal Representative and to administer this estate. If the sisters (heirs) consent, you may be able to serve as personal representative. Consult with a probate attorney for more... View More

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4 Answers | Asked in Trademark and Intellectual Property on
Q: Can I trademark a name that may be used by another company on a different industry?

I want to trademark a name and software similar to Facebook's REACT. But I see that the name is used in different industries and I was wondering If I could trademark it even if it is used elsewhere.

Evelyn Suero
Evelyn Suero
answered on May 3, 2023

It may be possible to register a trademark with a similar name when the goods or services for the respective trademarks are not similar, however if the goods or services are similar (ie. you mentioned similar sodtware), it is likely that the USPTO will refuse to register the trademark due to... View More

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4 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If I trademark my companies name, do I have to trademark the LLC portion as well?
Evelyn Suero
Evelyn Suero
answered on Apr 17, 2023

Generally a trademark should be registered in the precise manner that you will use it to promote/sell your goods and services. However consulting with a trademark attorney is recommended to determine the best option.

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5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Evelyn Suero
Evelyn Suero
answered on Mar 28, 2023

It is likely that a trademark application for a mark that is very similar to a registered trademark will be refused on the basis of likelihood of confusion, especially when the differences between both marks are minimal and both marks are used for the same goods or services. Consulting with an... View More

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Has anyone Trademark CoCo Chanel ?
Evelyn Suero
Evelyn Suero
answered on Mar 27, 2023

The Coco Chanel trademark is registered and owned by Chanel Inc. for perfume.

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2 Answers | Asked in Trademark for Arkansas on
Q: How to do I get a trademark that was already started but the examiner dropped the ball? "COVID" - great excuse!

We did everything asked from the government site. Replied to the examiner etc. This was during the "Covid ordeal" so no one ever got back with us. Great excuse. Then they just abandoned it as failure to respond even though we did. We still need to get this trademarked. I guess they just... View More

Evelyn Suero
Evelyn Suero
answered on Mar 21, 2023

It is possible that your response did not fully address all of the issues presented by the examiner and therefore resulted in abandonment. It is recommended that you work with a trademark attorney to guide you if you decide to submit a new application.

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: If my father-in-law's name is on a camper title with my wife and I does that make the camper part of his estate?
Evelyn Suero
Evelyn Suero
answered on Mar 16, 2023

In Florida, an estate generally consists of all of the assets and property owned by the decedent, which includes partial interests. Whether the camper is part of the decedent's estate will also depend on how the camper is specifically titled. Consult with a probate attorney for more information.

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4 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

Evelyn Suero
Evelyn Suero
answered on Mar 14, 2023

Trademarks may be registered with your state or federally with the USPTO. It is recommended that you work with a trademark attorney to assist you with determining the proper classes of good or servces for your registration and to conduct a clearance search.

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2 Answers | Asked in Intellectual Property and Trademark for California on
Q: I would like to use "Sous Le Soleil" as a brand, i saw that "Sous Le Soleil Exactement" was trademarked but abandoned.

Could I use that brand name anyways or no?

Evelyn Suero
Evelyn Suero
answered on Mar 1, 2023

An abandoned trademark application or registration does not necessarily mean that the trademark (or a similar trademark) is no longer in use by the registrant, or by some other user who has not registered yet. These users may still have common law rights against infringement. Working with a... View More

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Does an IRA w/ no beneficiaries need to go thru Probate if the Will passes all assets in estate to Revocable Trust?

My father passed away and I am name PR and trustee. His Will states that all assets in his estate be passed to his Revocable trust, however his IRA had no beneficiary listed. Does the IRA need to pass through probate? He did not list his “assets” in the Will.

Evelyn Suero
Evelyn Suero
answered on Feb 27, 2023

When an IRA is owned by an estate as a result of having no beneficiaries, the estate must go undergo probate administration to transfer those assets in accordance with the terms of a will. Genrally, a will must be admitted to the probate court in order for assets belonging to the estate to be... View More

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: If I use my full name in my business name such as Jane Doe Notary Services, do I need to register a DBA?
Evelyn Suero
Evelyn Suero
answered on Feb 23, 2023

In Florida, a business owner should register a fictitious name (or DBA) if they will operate under a name other than their legal name.

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3 Answers | Asked in Trademark on
Q: dear Sir/madam We are a new business and are looking to apply for a trademark

We require a trademark. and want to know we will not be breaking any laws before we start manufacturing. We are at the very early stages of our business. We want some advice on what we can do and not do if our product is very similar to others.

what are the procedures and what will it... View More

Evelyn Suero
Evelyn Suero
answered on Dec 30, 2021

When considering a trademark for a business, you should ensure that the trademark is not confusingly similar to another mark being used for the same class of goods/services. You should also register the trademark with the USPTO if you will use it in commerce. It is recommended that you consult... View More

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2 Answers | Asked in Trademark for New York on
Q: Hi Can I use R on my logo when my trademark status is "630 - New Application - Record Initialized Not Assigned To ..?
Evelyn Suero
Evelyn Suero
answered on Nov 23, 2021

The federal registration symbol, ®, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

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3 Answers | Asked in Probate for Florida on
Q: I am in need of probate help for my brother who passed away without a will. He has a house with a mortage of 65,000.

Is it possible for a person to file probate themselves and not use an attorney?

I do not have $4,000 and that seems to be what everyone charges.

My brother was not married and no children.. Next of kin is our mother who is 98 yrs old and I have her POA.

Evelyn Suero
Evelyn Suero
answered on Nov 4, 2021

Attorney fees are negotiable. You should consult with a probate attorney to discuss because probate administration is a complicated process.

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3 Answers | Asked in Trademark on
Q: I would like some help to register a trademark

We are a research company providing a news feed website and we want to register the name of the website as a trademark, we are based in Germany and Portugal

Evelyn Suero
Evelyn Suero
answered on Oct 26, 2021

Work with a US trademark attorney with experience with international companies.

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2 Answers | Asked in Trademark for California on
Q: I am starting a business called “Feng Shui Box” but it looks like “Feng Shui in a box” is trademarked. Is that ok?

My business is a subscription based box that I plan to sell on sites like cratejoy. Every month will be different feng shui tips/tricks and products.

Evelyn Suero
Evelyn Suero
answered on Aug 16, 2021

Using a trademark already registered and in use by another business for the same class of goods or services could be deemed trademark infringement. Consult with an attorney to determine your options.

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2 Answers | Asked in Trademark for New Jersey on
Q: This trademark expired because the owner forgot to renew it I’m a member of the Last Chance MC club and we would like

To renew and transfer the trademark.

What can I do to accomplish this

Evelyn Suero
Evelyn Suero
answered on Aug 13, 2021

The original registrant of the trademark may still be able to renew the trademark under the grace period and then proceed with assigning the trademark to your business. If this is not the case (and assuming this registrant nor any other business is using the trademark), you will have to start a new... View More

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3 Answers | Asked in Trademark on
Q: I would like to revive a trademark. How can I do this? and where can I have help?

I would like to revive the following trademark:

Serial Number78872802

Word Mark SENSYO

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2007-04-27

Filing Date2006-04-29

Evelyn Suero
Evelyn Suero
answered on Aug 10, 2021

A Petition to Revive a trademark registration application generally must be filed within two months of receipt of the Notice of Abandonment. A new trademark application will likely have to be filed in for such a trademark. However, note that the abandonment of an application does not mean that a... View More

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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... View 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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