An application to register a trademark with the USPTO that is very similar or identical to another registered trademark in the same (or related) class of goods or services could result in refusal to register the trademark due to likelihood of confusion. There are many factors involved however so an... View More

The inheritance of real property in Florida depends on many factors including the way the property is titled, whether the property is homestead property, whether the owner has a will, etc. Consult with an attorney to determine if probate is necessary and for estate planning.

Many companies use and register multiple trademarks associated with their brand name(s) and individual product lines. Consult with a trademark attorney to guide you through the process and determine which marks will be used to represent the company's goods/services.

A trademark application may have a status of abandoned for failure to timely respond to an office action or some other required filing. This does not mean the mark is not in use. Using an identical or similar trademark in the same/related class/category as a trademark in use may give rise to a... View More

In the United States, owners of trademarks that are in use have common law rights in the geographic area(s) where they are used even if they have not been registered. For instance, there are state laws which protect such trademarks from unfair competition. It is possible to commit infringement of... View More

Trademark applications for registration require that an analysis be conducted between similar or identical marks that are already registered or already in use in the same or related class/categories of good or services. Two separate classes may be sufficiently similar to create a likelihood of... View More

Once a Notice of Allowance has been issued, a trademark in an application under §1(b) of the Trademark Act can be amended if the specimen filed with an Amendment to allege use or Statement of use supports the amendment, and the amendment does not materially alter the mark.

An abandoned trademark application may simply mean that the applicant failed to file a required response to an office action, etc. This does not mean that such applicant has stopped actually using the trademark in commerce for their goods or services. Applications may also be revived under certain... View More

Depending on how the property was titled, it may be necessary to open a probate proceeding in Florida to distribute the interest in the home that was owned by the decedent at the time of death. Consult with a Florida probate attorney for more information and to discuss your options.

In Florida, property held in joint tenancy with right of survivorship automatically passes to the survivor when one of the original owners dies. The surviving owner usually records the death certificate with the County Recorder in the county where the property is located. Consult with an attorney... View More

You may apply to register a trademark that does not infringe on any other trademark in use in the same or related category of goods or services. For federal registration, you may go to the USPTO website for more information. It is recommended that you work with a trademark attorney to assist you... View More

A proposed trademark should not be used if it is confusingly similar to another trademark that is being used in the same or related class/category. This includes unregistered trademarks. Consult with an attorney for guidance in this process.

Instead of using the TEAS Plus application, you may opt to use the TEAS standard application, which allows the applicant to write a description of their goods and services.

If a trademark is still in use, you should not use nor register the trademark for use in the same class/category of goods or services. Consult with a trademark attorney for information specific to your situation.

Trademark registrations that have been cancelled due to failure to file required maintenance documents (including Section 9 renewal application) have a six month grace period to file such documents for an additional fee which must be filed by the current owner. Consult with a trademark attorney... View More

USPTO trademark registration applications are public record and remain on display on the website.

Generally when someone has the rights to exploit the copyrights of a work, they may reproduce it, prepare derivative works, distribute copies of it, perform it in public, display it publicly, etc. Consult with an attorney for specifics to your situation.

Generally, the USPTO may refuse to register a trademark that is identical or very similar to a trademark that is registered in a similar or related class/category of goods or services due to likelihood of confusion. Also, using a confusingly similar mark may lead to claim of infringement. Consult... View More

Using "the doctrine of foreign equivalents", the USPTO may determine that one trademark is confusingly similar to another trademark based on direct translation and other factors. Consult with a trademark attorney to assist you.

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.