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Questions Answered by Michael Gerity
1 Answer | Asked in Trademark for District of Columbia on
Q: Revive or refile?

I would like to revive a trademark that I abandoned, but I would like to change the ownership as well as my partner is no longer with the business. And it was a messy breakup, so I would like to avoid involving them if I can. Would it be better for me to re-apply for this trademark under different... Read more »

Michael Gerity
Michael Gerity answered on Nov 8, 2017

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... Read more »

2 Answers | Asked in Trademark for California on
Q: can 2 different people own a trademark in 2 different categories.
Michael Gerity
Michael Gerity answered on Nov 3, 2017

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... Read more »

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1 Answer | Asked in Civil Litigation for Arizona on
Q: In response to a state courts’ granting defendants’ motion to dismiss my breach of contract action

I had timely filed a motion for reconsideration some 2 months ago, and while I intend to appeal that ruling (assuming that my mo. for reconsider. Fails), however because the court hasn’t responded to my mo. for consider. nor issued a judgment in the action, I cannot file a Notice of Appeal, and... Read more »

Michael Gerity
Michael Gerity answered on Oct 30, 2017

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... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What are my rights to the property that is owned by my father and stepmother after his death. There is no will.

My father passed earlier this year and left no will. My father jointly owns 13.36 acres with my stepmother, she has two sons with my father. Due to the fact that there is no will do I inherit any of the property and how much?

Michael Gerity
Michael Gerity answered on Oct 23, 2017

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... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I grab an expired trademark and sue the former holder for still using it on his website?

I just received a very rude message on Facebook from someone who is selling a similar product than ours under the same name (it's an online learning video course). Our Facebook page has the same name as his product and we were told to immediately change the name or there will be legal... Read more »

Michael Gerity
Michael Gerity answered on Oct 23, 2017

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... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Can a death bed request change a will.?

My husbands dad died in June, his half brother received everything. Got the property and kicked us off the it, and were living. There.

Michael Gerity
Michael Gerity answered on Oct 10, 2017

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... Read more »

1 Answer | Asked in Copyright and Trademark for Nebraska on
Q: Which is better to copyright or trademark?

We have a new slogan we want to trademark - U Mortgage (powered by Siouxland Federal Credit Union)

Michael Gerity
Michael Gerity answered on Oct 10, 2017

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... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: I transferred a car to my son. I told him it would be part of my estate to him. Is this a legal inheritance?

I am still living.

Michael Gerity
Michael Gerity answered on Oct 4, 2017

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... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: Will filing for bankruptcy stop bill collectors from calling me all the time?
Michael Gerity
Michael Gerity answered on Oct 4, 2017

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.)... Read more »

1 Answer | Asked in Business Law for Arizona on
Q: Can a majority shareholder simply fire the entire board of a company with holding a formal shareholder vote?

Can a majority shareholder simply fire the entire board of a company WITHOUT holding a formal shareholder vote?

XYZ is an Arizona corporation with two shareholders, Alan with 51% share position, and Bill with 49% position. Can Alan fire the entire XYZ board as long as he informs Bill?... Read more »

Michael Gerity
Michael Gerity answered on Oct 2, 2017

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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: I'm want to sell a certain product, but apparently it's trademarked here under no 5024494.

Does this mean I am not allowed to sell this product with my own logo/packaging?

Michael Gerity
Michael Gerity answered on Sep 28, 2017

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... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: How do I trademark my slogan ?
Michael Gerity
Michael Gerity answered on Sep 28, 2017

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... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: where can person find Arizona laws from 1994? ie: ARS 14-3406{B} which is current what year was it amended

concerning acknowledgments mostly

Michael Gerity
Michael Gerity answered on Sep 26, 2017

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:...
Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Will my grounds for opposition suffice if marks are confusingly similar, but currently products are slightly different?

**Please note: Fictitious names were used below to protect the confidentiality of the matter. Here's the situation...

1." Dazzle With Love" was first used in commerce June 2012 and applied for trademark June 2017. "Dazzle With Love" has been in continued use... Read more »

Michael Gerity
Michael Gerity answered on Sep 25, 2017

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... Read more »

1 Answer | Asked in Trademark for North Carolina on
Q: What steps should I take to get my product on the shelves?

I want to sell a product but I'm really not sure the steps I should take. Should I trademark it first or...? I've tried googling it but I really don't know how all of this works on the legal side of things. I would appreciate any help I can get.

Michael Gerity
Michael Gerity answered on Sep 22, 2017

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... Read more »

1 Answer | Asked in Business Law and Contracts for Arizona on
Q: I ran a farmers market for 2 years. When it started to fail in 2015, I closed the business. Do I still owe its debts?

I have a contract that I still owe some money on and it states the agreement is between the city of SV and the market. TY!

Michael Gerity
Michael Gerity answered on Sep 20, 2017

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... Read more »

1 Answer | Asked in Trademark for New Mexico on
Q: I am in the process of building a website for my handmade jewelry and I noticed that somebody has trademarked my name

Or is trying to trademark Solea. Will I be able to trademark my name? I haven't decided quite yet on my business name but I was going to use my name or at leat a part of my name. Thanks for your time.

Michael Gerity
Michael Gerity answered on Sep 19, 2017

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... Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: If a company called "Example Fitness, LLC" exists and "Example" is trademarked, can I call my company "Example Gym?" Thx
Michael Gerity
Michael Gerity answered on Sep 19, 2017

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... Read more »

2 Answers | Asked in Trademark for California on
Q: We want to see how we can change from supplemental to principal on our trademark.
Michael Gerity
Michael Gerity answered on Sep 18, 2017

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... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: How can anybody register as TM, usual words as "Travel Map"? You cannot use this in titles and descriptions anymore?

From my point of view, if anybody can register usual formulations, this means that in the near future, we will not be able to speak freely, or sell something like a "bamboo towel", because of the TM. If I am wrong regarding this, I'll be glad, as I can't understand this usual... Read more »

Michael Gerity
Michael Gerity answered on Sep 15, 2017

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... Read more »

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