The timeline for reviving an abandoned trademark is really quite short (generally only 2 months if you received the notice and a max of 6 months if you didn't, unless you can show that the abandonment was due to a PTO error). How long ago was the prior mark deemed abandoned? If it is still... View More

The value of a trademark arises from its use in conjunction with a specific set of goods and/or services. The relationship between the mark and the goods/services is critical. For this reason, the same or similar marks CAN coexist in the market, so long as the coexisting usage is not reasonably... View More

You are going to need to review Rule 7.1 of the Arizona Rules of Civil Procedure and Rule 9 of the Rules of Civil Appellate Procedure. The latter controls the filing deadline for an appeal, and lists the specific types of motions that toll or extend the appeals due date. That list does NOT... View More

When it comes to that specific piece of real estate, it's impossible to know just what would happen without knowing the exact form of "joint ownership" your stepmother held it with your father. When there is no will, property will pass to the heirs according to a set of rules for... View More

It is important that you understand the difference between a trademark registration and the underlying trademark rights. Trademark rights arise from using a mark in commerce in conjunction with the offering of products and/or services. Once a party actually uses the mark in commerce, they have... View More

Hello. The answer to your question necessarily depends upon a lot of facts that you don't provide. So, all I can provide you are the general legal requirements for a legally binding will in Arizona. First, the person making (the "testator") the will must be 18 years old or older... View More

Hello. Copyright and trademark are completely different types of protection for different types of intellectual property. A copyright is intended to protect forms of creative expression. We typically think of movies, books, songs, pictures and things like that, though copyrights are also used... View More

Transfers of property while a person is still living are generally considered gifts, and not technically "inheritance." Note, that inheritances and gifts are covered by the same tax exemption amount. So, any gift that you give in a year to a single person that exceeds $14,000 is subject... View More

When you file for bankruptcy, an automatic "stay" gets put in place that prevents any creditor from taking any action to collect against you. (Note that there are a number of circumstances that prevent the automatic stay from taking effect, most notably with prior bankruptcy filings.)... View More

The powers given to shareholders vs. directors vs. officers are generally going to be dictated by the bylaws for the corporation. The same goes for the specified process for removing directors from the board. You need to find the Bylaws and follow the process set forth there.

The first thing that you need to keep in mind is that a trademark serves to protect ONLY a name, logo, phrase, color, shape, etc., as it is used in conjunction with the offering of a product and/or service. Trademarks don't protect ideas or inventions or the actual products, only the marks... View More

Hello. In general, you obtain rights to a slogan by using the slogan in conjunction with the offering of some kind of products and/or services in commerce. If you are only using the slogan for commerce within a single state (like, for example, if you run a landscaping business and only do work... View More

Hello. The Arizona Secretary of State has a full page dedicated to the process for tracking down versions of statutes. Unfortunately, the process is easier for materials from 1997 on, so a 1994 version may require some additional work

Here is the link:... View More

Under your hypothetical, first mark has priority back to 2012, but only as to use with candles. Mere intentions to expand don't effectively expand the rights to other products/services. Second mark is nearly identical (the "by Alicia Smith" part is merely descriptive of the person... View More

Before you even get to trademarks, you should be considering things like forming a business entity, getting a tax ID number, looking into state and local tax (sales tax, use tax, etc) issues, etc. You also need to consider contracts with stores or other sales channels, and if you haven't done... View More

In a general sense, one of the goals of forming a business entity is to limit the liability of the owners to only what they put into the business and what it earns. However, the success of this goal depends on a lot of factors. You don't mention whether or not you actually formed a business... View More

It depends entirely upon whether or not the goods and/or services offered by the other applicant are the same or similar to your jewelry. The more similar the goods and/or services, the more of a problem you would have. It also would normally depend on who actually used the mark in commerce... View More

In your example, the words "fitness" and "gym" are merely descriptive of the services provides. As such, that portion of your example marks would generally NOT be part of the protected elements. In fact, usually the trademark examiner will ask that the applicant disclaim any... View More

Hello. Assuming that you are talking about federal registrations, unfortunately, there is no way to convert your mark from one to the other. Instead, a new application has to be filed for the mark on the principal register. You will need to make sure that whatever objection got you moved to the... View More

There are very specific rules forbidding people from registering trademarks for generic words for products and/or services, or for words that are merely descriptive of the products and/or services. However, there are exceptions. First off, you can take a very common word and then apply it to... View More