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Questions Answered by Joanne Belasco
2 Answers | Asked in Trademark for Florida on
Q: Has this PresScents Trademark been abandoned? If so, what’s the cost to trademark the name with a different logo?
Joanne Belasco
Joanne Belasco
answered on May 11, 2022

While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact... Read more »

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1 Answer | Asked in Business Law for California on
Q: Does hiring a lawyer to create Privacy Policy benefit my company more than using an online Privacy Policy generator?

For example, can a company either user an online generator, or pick and choose and adjust existing language from similar companies in order to make a Privacy Policy that seemingly works for the company itself? Does hiring a lawyer to either sign-off on an existing Privacy Policy or generate a... Read more »

Joanne Belasco
Joanne Belasco
answered on May 5, 2022

If you hire an attorney to either review one or to draft one for you, then you know it covers you appropriately. If you don't, there is always the chance that your document will miss an important legal clause or section that it needs to give you the protection you need. I know it costs more... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I use the term Dragonborn for a humanoid dragon race without falling under copyright from D&D?

Im developing a fantasy video game with a race of humanoid dragon people that were made by dragons and was hoping to call them Dragonborn, but it shares the same name and physical similarities to the Dungeons and Dragons race of Dragonborn. Despite the fact its just a combination of the words... Read more »

Joanne Belasco
Joanne Belasco
answered on May 5, 2022

It sounds like you're asking about the trademark implications of you using that term. There are many factors to determine if you are infringing on someone's trademark. It would be best to have a trademark attorney conduct a comprehensive search at the USPTO to determine if you may run... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Hello, I purchased a 8 week old french bull dog and just found out it has CHF and will die within the year.

Purchase dog in MASS dog from NY. seller owns dog training business which is place of purchase. They will refund money if I give the dog back. obviously we are attached to the dog and want to keep her. we have experienced much pain and suffering and I have big medical bills. they said unaware of... Read more »

Joanne Belasco
Joanne Belasco
answered on Feb 2, 2021

I am so sorry to hear about your dog. The first place to look would be the contract to see what options are listed there. There might be a 93A Consumer Protection case but you would need to consult with an attorney on the specific facts to see if that avenue is open to you.

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Massachusetts on
Q: I am trying to start my own business and I honestly have no clue where to start. Some advice would be appreciated! Tkyou
Joanne Belasco
Joanne Belasco
answered on Feb 2, 2021

Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Purchase puppy from breeder in GA I live in MA dog sick 24 hours after $7,800 vet bill to save what could I do

No contract I have all text messages which we did the deal he has a website which he has all his terms and conditions that gives a cash refund if the dog is found to be sick 72 hours by a legal veterinarian he did tell me that his littermate tested positive the night before I was going to pick her... Read more »

Joanne Belasco
Joanne Belasco
answered on Nov 4, 2020

First, I am so sorry that your new puppy was sick! As to your course of action, it depends. You are above the amount for small claims court but it can be hard to get an attorney to take a case to trial if the sum isn't a lot higher. You may be able to do a demand letter for a settlement... Read more »

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

and what are the fees

Joanne Belasco
Joanne Belasco
answered on Oct 9, 2020

A foreigner may file for a US trademark but they must use a US attorney to do so. The legal fees are going to vary by attorney, and the federal filing fees will depend on how many marks are filed and in how many classes.

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2 Answers | Asked in Copyright and Trademark for California on
Q: what's the first step to acquire an abandoned trademark?
Joanne Belasco
Joanne Belasco
answered on Oct 2, 2020

Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... Read more »

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3 Answers | Asked in Intellectual Property and Trademark for Arizona on
Q: I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015

How can I go after them to reverse the Trademark?

Joanne Belasco
Joanne Belasco
answered on Sep 6, 2020

If you didn't file a federal trademark registration, then you may have some common law rights. However, those rights generally will only protect you in your geographic area, not in the entire country, which is covered by a federal trademark. You should consult an attorney to decide if you only... Read more »

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1 Answer | Asked in Estate Planning for Massachusetts on
Q: How do I protect my family assets from my potentially expensive medical costs?

I am a 53 year old male who has acquired over $1 million dollars so far in net assets. $700k retirement and $400k home equity. I am still working and will for another 10 years and currently max out my retirement.

I have life insurance while working but I developed a serious cardiac... Read more »

Joanne Belasco
Joanne Belasco
answered on Sep 3, 2020

There are several options that can help protect your family. You not only want to think about your medical expenses but also estate taxes because your assets appear to be over the $1 million estate tax exemption. This situation is one that you would be better discussing with an estate planning... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Joanne Belasco
Joanne Belasco
answered on Sep 2, 2020

If it's a federal trademark, then there are several ways to handle it but it's going to depend on when and why it was abandoned. Your best bet is to consult with a trademark attorney to discuss the details and decide on the best course of action for your specific situation.

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2 Answers | Asked in Trademark for Texas on
Q: I am considering trademarking a brand/concept for my business. If another person or company is using the name and

it is not trademarked, will my new trademark ownership supersede their existing use?

Joanne Belasco
Joanne Belasco
answered on Aug 7, 2020

I hate to say it, but that really depends on the circumstances. A company may have common law trademark rights if it has not registered a trademark with the USPTO. Those rights usually are limited to a geographical location, but again it's going to depend on the specific circumstances. Feel... Read more »

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3 Answers | Asked in Trademark for District of Columbia on
Q: How do I contact a trademark holder to speak with him/her about buying his/her trademark?
Joanne Belasco
Joanne Belasco
answered on Aug 7, 2020

You can look up any federally-registered trademark at the USPTO site, www.uspto.gov. Once you find the trademark, you can click on the registration number to find who owns the trademark, and that person's or company's contact information.

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3 Answers | Asked in Copyright and Trademark for North Carolina on
Q: Is "Financing The American Dream" Trademarked or Copyrighted by anyone? My company is interested in using it as a taglin
Joanne Belasco
Joanne Belasco
answered on Aug 6, 2020

It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the... Read more »

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2 Answers | Asked in Intellectual Property, Trademark and Business Law for Massachusetts on
Q: I intend to register a trade mark.

l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.

Joanne Belasco
Joanne Belasco
answered on Aug 5, 2020

Whatever name you register and get approved with the United States Patent and Trademark Office is what is protected. In your example, if you registered “Peter and Paul,” then you could use that mark. However, if you just used Peter or Paul separately, they would not have trademark protection... Read more »

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1 Answer | Asked in Estate Planning for Massachusetts on
Q: If my husband acquires material property from a parent, can he now put those items in a trust without naming me in it?

I am afraid my husband will leave me out of his trust due to the acquisition of property he and his sister just inherited from his father due to his death.

Joanne Belasco
Joanne Belasco
answered on Aug 3, 2020

A spouse can create a trust for him or herself without including the other spouse in it as long as that property belongs only to that person. If a husband inherits property he may create his own trust unless there was a stipulation with the inheritance that he had to include his wife as a... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I recently purchased a dog from someone who split with their ex & dog was left behind. Ex wants dog back. My options?

Person I bought the dog from said her ex didn't tell her he was coming back for dog. He now wants dog back after he found out she was sold.

Joanne Belasco
Joanne Belasco
answered on Jul 27, 2020

While I can't speak to your specific situation unless you are a client, I can say that animals are considered property in Massachusetts. That means someone has to show ownership, whether it's by a title or some other means, in order to own a dog. For example, if it's a car, there is... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Basically if I lost someone’s dog and we weren’t able to find it could I be sued?
Joanne Belasco
Joanne Belasco
answered on Jul 2, 2020

A situation like that really depends on the details. Dogs are considered property in Massachusetts, so it's similar, as awful as this sounds, to losing someone's property. Anyone can sue, so it comes down to whether you would be found responsible for the loss. And, as I said, that really... Read more »

2 Answers | Asked in Business Formation, Business Law and Internet Law for Massachusetts on
Q: Should I include any sort of legal text/disclaimer on my clothing store website?

I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!

Joanne Belasco
Joanne Belasco
answered on Jun 30, 2020

Congratulations on your first online clothing store! In order to protect your brand, you should file a trademark registration as soon as you can. On your actual website, you want to make sure you have a Privacy Policy statement and Terms of Use. In addition, if you are selling to GDPR countries,... Read more »

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1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If somebody gives me a dog as a gift how do I get it registered under my name

Someone gave them the dogs and then they gave me the dog how would I get the dog into my Name

Joanne Belasco
Joanne Belasco
answered on Jun 29, 2020

I can't answer your situation specifically because you aren't my client. Generally speaking, there are various ways to prove dog ownership, such as being the owner on a microchip ID, being listed as an owner at the vet, registering the dog with the city or town to get a dog license, and... Read more »

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