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Questions Answered by Evelyn Suero
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... View 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... View 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... View 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... View 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... View More

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1 Answer | Asked in Copyright and Trademark on
Q: I want to register a name in USA trademark knowing that I am not residing in USA

i m from morocco

i have a buisness in amazon

Evelyn Suero
Evelyn Suero
answered on Mar 8, 2021

Per USPTO rules, foreign applicants domiciled outside of the U.S. must be represented by a US licensed trademark attorney on submission of their trademark registration application.

2 Answers | Asked in Trademark for Nevada on
Q: What are my options if a trademark has been established but had an abandonment notice Number 88416440.
Evelyn Suero
Evelyn Suero
answered on Mar 8, 2021

An abandonment notice typically occurs when a trademark registration applicant fails to file a required response with the USPTO. This does not mean that this trademark applicant has stopped using the trademark nor does it mean that another business owner is not using it. Work with a trademark... View More

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1 Answer | Asked in Trademark for New York on
Q: how much do it cost to trademark my cosmetic company name?

im looking to trademark my company name and I was advised to get a lawyer so I wanted to know a average estimate of how much trademarking my business name will cost? and when I do trademark it in my country will the protection of my trademark work in other countries as well?

Evelyn Suero
Evelyn Suero
answered on Mar 6, 2021

The application fee for trademark registration with the USPTO is $250-$350 per trademark, per class. Attorney fees vary but it is recommended that you work with an attorney. Trademark registration in one country doesn't provide registration in another country.

1 Answer | Asked in Trademark on
Q: Hi, Is it possible for a foreign company to get its trademark registered in US for online selling?

Currently we don't want to register a LLC in US. But we would like to register a trademark in US to secure our current online stores. However we may open a physical store in future in US in coming year or so.

Evelyn Suero
Evelyn Suero
answered on Mar 4, 2021

Yes a foreign company may register a trademark in the US. However they must be represented by an attorney licensed in the US.

3 Answers | Asked in Estate Planning for Florida on
Q: My girlfriend mother passed away and left a home wit no will, she has not paid the mortgage since October, can she sell

The house if she gets a probate lawyer to change it over to her name and it there a flat fee for this service, or what would she pay, we spoke to a lawyer who’s asking for $700 as a retainer and $4100 once the property is sold

Evelyn Suero
Evelyn Suero
answered on Mar 3, 2021

She will likely be able to sell during the probate proceedings. Probate attorney fees vary. You may contact me for more information.

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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... View 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... View 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... View 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... View 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... View 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... View More

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