Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Martin Hilla
1 Answer | Asked in Trademark for Kansas on
Q: What assets have to be surrendered if you have a trademark infringement against you personally in federal court?

If you have LLC'd your company can a federal court take your personal assets?

John Martin Hilla
John Martin Hilla answered on Jul 1, 2019

This is too broad a question to be answered without specific details.

A short and generalized response is that, first, it isn't the "federal court" that would take your assets but your judgment creditor and only by way of execution of their judgment via a replevin action...
Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Can the name Bowie’s be used as a shops name? Or has the trademark above made this impossible
John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

I don't know what "trademark above" you're referring to, but, rather than asking here, consult with a knowledgeable trademark registration attorney who will undertake a thorough search of the Federal registry, state registries, existing domain names, and other indicators that a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: If the trademark is abandoned does that mean someone could still use the name
John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.

Before proceeding to attempt to register the same trademark, you should consult with...
Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: Hello, When trademarking a hair extension business what class and classification would it fall under?

My business sells human hair weft extensions, fusion hair, human hair wigs, eyelashes, bonnets, and edge control.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

You should consult with a knowledgeable trademark registration attorney who can properly prepare your trademark application for you and maximize your odds of a successful registration with the USPTO.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... Read more »

1 Answer | Asked in Trademark for California on
Q: Can I trademark or use the word “Screendosist”, even tho the word “dosist” Is already trademarked?

“Screendosist” would be used for a potencial YouTube Channel and merchandise.

John Martin Hilla
John Martin Hilla answered on Jun 17, 2019

When considering an application for trademark registration, it is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Washington on
Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?
John Martin Hilla
John Martin Hilla answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Can I trademark the slogan, "Bleed Verde" if there is already a slogan trademarked "Bleed Green"?
John Martin Hilla
John Martin Hilla answered on Jun 17, 2019

It is likely, depending on the difference in the products or services for which that tag-line may be registered, that you will receive opposition to an application for registration with the USPTO.

When considering an application for trademark registration, the USPTO considers the English...
Read more »

3 Answers | Asked in Bankruptcy on
Q: Do I need a bankruptcy lawyer?
John Martin Hilla
John Martin Hilla answered on Feb 13, 2019

If you're wondering about this, the answer is that you should speak with a bankruptcy attorney. Most offer free initial consultations, and it won't cost you anything but an hour or two of your time to get good information about whether you should file a bankruptcy or not.

Filing...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Tax Law for Missouri on
Q: If one spouse filed chapter 13 is there a way for the other to keep their tax return if filing jointly?

Would I just file normally? Or would I have to file an innocent or injured spouse form?

Most of the deductions comes from the spouse not in bankruptcy.

John Martin Hilla
John Martin Hilla answered on Feb 1, 2019

This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.

Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the...
Read more »

View More Answers

3 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Alabama on
Q: I was in a car wreck that totaled my car so I converted to CH 7 bankruptcy from 13 will I get any of the settlement?

I was in 13 when it happened, but before the settlement was in I had converted to 7.

John Martin Hilla
John Martin Hilla answered on Feb 1, 2019

You should discuss this privately with your bankruptcy attorney. If you don't have one, you might want to seek the counsel of one in your local area as soon as possible.

View More Answers

3 Answers | Asked in Bankruptcy for Ohio on
Q: I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when

I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when we made less. But my car has stopped working so i need to trade it in to buy a new one. Is that going to prevent me from filing chapter 7 in a few months? Are there any negative... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 31, 2019

You need to re-discuss your bankruptcy eligibility questions and options with the same lawyer or a different bankruptcy lawyer in your geographic area.

It is important to remember that virtually everyone "qualifies" for one type of bankruptcy or another (Ch 7 vs 13 vs individual...
Read more »

View More Answers

1 Answer | Asked in Trademark for North Carolina on
Q: How can I use my registered trademark?

I am getting ready to register my company name and logo as a trademark for use as a YouTube brand and on social media. If I want to also send out an e-newsletter for the brand or sell promotional items online with my registered logo on them (t-shirts, hats, mugs, journals, tote bags, etc.), Do I... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 31, 2019

You should speak with a trademark attorney in private consultation. A trademark protects consumers from confusion as to the source and quality of a product or service, and trademarks are registered, therefore, for that purpose. In other words, it's your use of the trademark in interstate... Read more »

1 Answer | Asked in Trademark on
Q: How long does it take for a trademark to expire?
John Martin Hilla
John Martin Hilla answered on Jan 29, 2019

It never expires so long as it remains in use in interstate commerce (presuming we are talking about a Federally registered trademark). Once a trademark is registered, you are required to file a Statement of Use and ongoing Renewals every 10 years to maintain the trademark. You must police new... Read more »

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Can a trademark name be the same but registered in different classes by another company using the same exact trademark?

IE, product ABC's name is TM as BattleShip, can a completely different class of product XYZ also use the name BattleShip if the products do not share anything in common, essentially a completely different product than the TM product?

John Martin Hilla
John Martin Hilla answered on Jan 25, 2019

Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Can I register “Pikapool” word for conpany trademark?
John Martin Hilla
John Martin Hilla answered on Jan 25, 2019

You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that... Read more »

View More Answers

3 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: over ten years ago I filed my friend and her daughter on my taxes.She was on disability and her daughter was 13.

They did live with me at the time. the next year i filed my taxes they were red flagged cause they had sent me audit papers but I didn't live at the address anymore. I told them I could send the documents they needed and they said it was too late.Over the years it has reached up to about ten... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 24, 2019

You need to speak privately with a bankruptcy attorney in your area. The discharge of tax debt in bankruptcy is highly complicated and very fact-specific. Yes, it is possible to discharge them, but there are many, many exceptions and the answer for you could differ from tax-year to tax-year. It is... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Texas on
Q: vihicle surrendered in chap. 7 can I create debt for vihicle within the 2 month period after trustee meeting

filled 12/11/2018, trustee meeting 1/9/2019, vihicle will be surrendered 2/24/2019. can I create loan now with first payment after 3/9/2019

John Martin Hilla
John Martin Hilla answered on Jan 24, 2019

It's not quite clear what you're asking. Are you asking whether you can buy a new car within 2 months of your 341 Meeting of Creditors?

The first response is always that you should pose this question to the attorney that you hired to assist you with your bankruptcy case. I...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Rhode Island on
Q: I currently owe I’ve 10k to a hospital and am unemployed with 0 assets. Am I eligible to file for bankruptcy?

I am not eligible for financial aid through the hospital my surgeon used due to the procedure being dental related, not “medical.” My surgeon did not do a preauthorization for the procedure and neither my dental nor health insurance will pay for this bill. I am stuck with it and am only 21... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 24, 2019

You should consult an attorney in your area privately to discuss your eligibility. Nearly everyone is eligible to file for either a Chapter 7 or Chapter 13 (or the rare individual Chapter 11) bankruptcy, but there are other questions to be explored before you make a decision to proceed with a... Read more »

View More Answers

1 Answer | Asked in Trademark on
Q: Can I register a trademark called "INSTAMAKER"

Hello, I'd like to know if a business name coined from the word insta & maker is possible. I am aware that the "Insta" trademark is owned by instagram, but does that stop me from being able to name my company INSTAMAKER. I would like to know before I get started, so I don't... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 23, 2019

You should consult with a trademark attorney in a private consultation to discuss your question. On the surface of your question, you are right to harbor concerns about that proposed mark--and you are definitely right in your instinct that it is something to explore before filing a trademark... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.