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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... View 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... View 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... View 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... View 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... View 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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2 Answers | Asked in Trademark on
Q: Hello, i would like to register brand name, how time it woud take and what is cost?
Evelyn Suero
Evelyn Suero
answered on Jan 11, 2021

The fees for registration of a trademark with the USPTO is between $250-350. Attorney fees vary. The process can last from several months to over a year or more depending on any issues that may arise during the application process. Consult with a trademark attorney before applying.

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2 Answers | Asked in Trademark for Florida on
Q: Is there a way to trademark another item under the trademark I currently have in order to have a lesser fee

..or are all trademarks separate no matter if its different trademarks within one business you currently have?

Evelyn Suero
Evelyn Suero
answered on Jan 9, 2021

Each trademark application with the USPTO is a separate application with its own fee(s). A logo trademark is filed separately from a word/phrase trademark, for example. However, an applicant may select multiple class/categories of use on a trademark application, but if the applicant later wishes... View More

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2 Answers | Asked in Copyright for Oregon on
Q: How can i trademark the phrase 'If it flies it dies'? i searched it and it says the status is cancelled.
Evelyn Suero
Evelyn Suero
answered on Jan 6, 2021

A cancelled trademark registration does not mean that a trademark is no longer is use. Moreover another business may have started using a similar mark for similar goods/services. Before submitting a trademark application, it is recommended that you work with a trademark attorney to assist you with... View More

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3 Answers | Asked in Trademark for North Carolina on
Q: I need to file or refile for my trademark it seems to be in the abandonment stage what do I do?

I also cannot pull up or enter my application information

Evelyn Suero
Evelyn Suero
answered on Jan 4, 2021

You may be able to call the USPTO to inquire about the status of the application, but they do not offer legal advice. Working with a trademark attorney to assist you is recommended to determine the status of the trademark application and whether you are able to revive it.

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2 Answers | Asked in Copyright and Trademark on
Q: Can someone guide us on how long does it take to get a Trademark registered & the cost affiliated?
Evelyn Suero
Evelyn Suero
answered on Jan 3, 2021

According to the USPTO, the processing time may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. The initial application fee for trademark registration at the USPTO is currently between... View More

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2 Answers | Asked in Trademark, Real Estate Law, Business Formation and Intellectual Property for Florida on
Q: I want to make an underwear line with a specific name, but the name I want to use is already trademarked. Can I use it?

It's trademarked for Real Estate agencies and Real Estate Brokerage. This is a different industry than I would be in so does it really matter?

Evelyn Suero
Evelyn Suero
answered on Dec 31, 2020

The USPTO may refuse to register a trademark if there is a likelihood of confusion between the proposed trademark and a registered trademark. Trademarks in unrelated categories of goods or services may be acceptable. However, it is important to consult with a trademark attorney to assist with a... View More

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3 Answers | Asked in Trademark for Ohio on
Q: How can I determine if an old trademark is available for use without permission from the previous trademark holder?
Evelyn Suero
Evelyn Suero
answered on Dec 30, 2020

You may find owner/attorney information for registered trademarks on the USPTO website. You can also work with an attorney to assist you with conducting a trademark search to determine if your proposed mark (or a similar mark) is currently being used for the same or related class/category of goods... View More

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3 Answers | Asked in Intellectual Property and Trademark for South Carolina on
Q: Question on International Classes as listed in the USPTO can there be more than one per class?

My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.

We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... View More

Evelyn Suero
Evelyn Suero
answered on Dec 29, 2020

Using a trademark which is identical or very similar to another trademark being used to represent a brand or product(s) in a similar or related class of goods or services could lead to a claim of infringement and/or refusal of trademark registration due to likelihood of confusion. Consult with a... View More

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2 Answers | Asked in Copyright for Georgia on
Q: Is it ok to copy a logo if the company of the original logo doesnt exist anymore?

my client wants me to make a logo exactly like another company's logo. the company doesn't exist anymore so i just want to make sure if its ok for me to go ahead with this

Evelyn Suero
Evelyn Suero
answered on Dec 28, 2020

Logos are not only subject to trademark laws but also to copyright laws. You cannot simply copy someone else's design. Work with an attorney to assist you.

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2 Answers | Asked in Trademark on
Q: Hi I want to register website dofus.gay, DOFUS was a trademark but has cancelled status, can I register it ?
Evelyn Suero
Evelyn Suero
answered on Dec 27, 2020

A trademark may have cancelled status due to failure to file the required maintenance documents or as a result of a cancellation proceeding by another trademark owners, etc. For this reason it is important to determine whether the trademark is still in use. Using a trademark that is in use for the... View More

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