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Questions Answered by Joanne Belasco
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 »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My sister was given a dog to foster in 2016, the owners later gave the dog to us. My sister moved out.

- my sister moved out and left the dog to me. I then moved out due to family problems. And they dog is still there. I come by regularly and see the dog. I want to take her back from my Grandmother and I feel like there might be some issues. What could I possibly do about this situation? The place... Read more »

Joanne Belasco
Joanne Belasco answered on Jun 29, 2020

I can't give you legal advice on your exact situation because you aren't my client. Generally speaking, a dog is considered property in Massachusetts. That means someone has to show they own the dog in order to take that dog away from someone else. In dog cases, it's usually easier... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I adopted a puppy from a rescue back in January 2019. My father got very ill In Jan of this year 2020 and I sought out a

** continued caregiver to take care of her while I traveled to take care of my father for 4 weeks. I had supplied a large bag of food a blanket of mine some toys etc. It has now been almost two months and I am being ignored by the woman whom was watching her. She claims she is in love with her now... Read more »

Joanne Belasco
Joanne Belasco answered on Mar 6, 2020

I can't speak to your specific case because we don't have an attorney-client relationship. However, dogs are considered property under Massachusetts law. Certain things like microchips and documents may be able to prove that a dog belongs to someone. The police sometimes help in a... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: How do I ensure that my young child will receive my assets upon death? I have named her as beneficiary on all accounts

I'm a single parent, the father is inconsistently involved and I unfortunately cannot trust him. I would prefer not to grant access to monetary accounts, at least not until I pass away. I'm wondering if I can just name a person to oversee these accounts in my will until my child is of age... Read more »

Joanne Belasco
Joanne Belasco answered on Mar 2, 2020

I can't answer your specific question because we don't have an attorney-client relationship. Generally speaking, I suggest that someone who has children and is worried about any kind of access to the money should consider a trust as a way to have better control over how the money is spent... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: A friend of mine stole my service dog what can I do to get him back?

I live in Auburn Massachusetts if that helps in any way

Joanne Belasco
Joanne Belasco answered on Jan 19, 2020

I can't speak to your specific issue unless you are a client. Generally speaking, under Massachusetts law, a dog is considered property. Several options exist when someone takes property. One option is to file a police report. If the police will not handle the matter, then you may need to... Read more »

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: If someone sells their dog to someone who is taking great care of him can the seller legally take the dog back?

During the 2.5 months that I have had this dog I have taken him to the vet to be brought up to date on his vaccinations and to be be neutered. He had never been to the vet with the person who sold him.

Joanne Belasco
Joanne Belasco answered on Jan 17, 2020

Under Massachusetts law, a dog is considered property. So, as awful as it sounds, think of the sale as you would the sale of something like a car or a boat. Generally speaking, a seller cannot take back property once it is sold. I say generally because each case turns on the facts. If there was... Read more »

2 Answers | Asked in Trademark for Colorado on
Q: HI, Selling on Ebay if the name THE NORTH FACE is a trademark violation can you just use North Face?

I sell on Ebay and I just got a letter from a law firm saying using "The North Face" is a trademark violation can I just use "North Face" without the "The". They are saying if I don't remove all my listings they may take legal action. My understanding is when I... Read more »

Joanne Belasco
Joanne Belasco answered on May 7, 2019

It depends what your product is and if it will cause confusion in the marketplace with the trademark registered by The North Face. Each trademark is attached to a good or service. If your good or service is the same or similar to the good or service trademarked by The North Face, then you may have... Read more »

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