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Questions Answered by John Martin Hilla
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 »

1 Answer | Asked in Trademark for California on
Q: Is is possible to get a trademark without an attorney?
John Martin Hilla
John Martin Hilla answered on Jan 21, 2019

It's possible, sure, and the USPTO has a lot of information on its website designed to inform applicants to the process required to do so.

However, as with anything, you always run the risk of getting what you pay for. Everything is easy until it doesn't go well. With a...
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1 Answer | Asked in Bankruptcy for Alabama on
Q: I am trying to understand questions and answers to chapter 13 plan outline... Mainly questions 2.3 and 5.2.

2.3 Question: Income tax refunds and returns. Answer: Debtor will retain any income tax refunds received during the plan term. However, question 5.2 Question: Percentage, Base, or Pot Plan. Answer: Base Plan. this plan proposes to pay the amount to the trustee (plus any tax refunds, lawsuit... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 21, 2019

Are you trying to file your Chapter 13 without an attorney? If so, although it will sound self-serving from the standpoint of a legal professional, I don't recommend that. There is virtually no chance a Ch 13 matter will succeed without legal assistance, and, based on your questions, I can... Read more »

1 Answer | Asked in Trademark for Texas on
Q: How do I trademark my rap name

I'm trying to become a rap artist, how do I go about getting my name trademarked?

John Martin Hilla
John Martin Hilla answered on Jan 19, 2019

Discuss with a trademark attorney. A band name or a musical artist's performance name is something that can be trademarked.

1 Answer | Asked in Trademark for California on
Q: i need help to protect my trademark Lanai beachwear
John Martin Hilla
John Martin Hilla answered on Jan 19, 2019

Contact a trademark attorney to discuss your matter and your needs. Trademark is a Federal practice area, and any attorney barred in any state or the District of Columbia may assist you.

4 Answers | Asked in Bankruptcy for New York on
Q: What is the law number that allow exemption in households

I am filing for chapter 13 and asked me, after the amount I claimed, what is the specific law that allow exemption

John Martin Hilla
John Martin Hilla answered on Jan 19, 2019

Your question seems truncated and incomplete, but the exemptions arise from the US Bankruptcy Code and, depending on your state laws, perhaps also a state statute.

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: Can i file for bankruptcy after judge ruled on case
John Martin Hilla
John Martin Hilla answered on Jan 19, 2019

You haven't provided enough information to fully respond. What sort of case? Child support owed? Criminal penalty? Etc. Some sorts of debts or judgments are not dischargeable in bankruptcy, and some sorts of collections activitied are not stayed by the bankruptcy "automatic stay"... Read more »

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3 Answers | Asked in Real Estate Law and Bankruptcy for Alabama on
Q: My mother and I purchased property in Alabama with 5 mobile homes on it. How can we protect property if mom files chap7

We are both married and we each have our own mobile home on the 8 acre property and the other 3 mobile homes have family members residing in them and they all pay one towards property tax and insurance and any other expenses that are for the property. Just don’t want all of us to lose our homes... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 18, 2019

If your mother files Chapter 7 bankruptcy, you will be in a legally conflicted position as regards her interests in obtaining a discharge and as regards the "bankruptcy estate" created by operation of law upon filing. A Chapter 7 Trustee will be assigned to her case who has the duty and... Read more »

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2 Answers | Asked in Bankruptcy for Florida on
Q: What is a motion of relief, from an order dismissing a bankruptcy case and where can I find the fourm to file it?

I filed for bankruptcy and the case got dismissed because I didnt include a summary of assets. But the notice I got saying the case was dismissed said I have 14 days to "file a motion for relief from this order". I've searched all over the internet and can not find the form for a... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 16, 2019

It sounds like you filed your bankruptcy without the assistance of an attorney. This is the sort of dismissal that is easily avoided by retaining an experienced bankruptcy attorney to assist you from the get-go. I would consult a bankruptcy attorney in your area now, before that deadline expires.

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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenant moved in and discovered roaches, my responsibility as landlord?

Tenant moved in on Friday, noted roach on Saturday. I delievered baits/bombs that night. I got professional exterminator in to treat following Tuesday. She was so upset, she wanted out of lease which I allowed, but she wanted security deposit before she moved out which i did not allow to prevent... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 15, 2019

As landlord, you have a responsibility under Michigan law to keep a property fit for habitation by humans, which is to say, fit for the property's intended use and in compliance with State health and safety laws. Tenants have the responsibility to exterminate insects that appear if they were... Read more »

1 Answer | Asked in Trademark for New Jersey on
Q: How Do renew my trademark?
John Martin Hilla
John Martin Hilla answered on Jan 15, 2019

You need to file a Renewal of Trademark with the USPTO, which requires further data, images, and a fee. This has to be done every 10 years.

You must also file periodically Declarations of Use, which detail what you are selling in interstate commerce, along with further specimens or...
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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Question about filing bankruptcy. I filed Chapter 13 in Nov 2012 for old IRS debt. Converted to Chapter 7 Nov 2014.

Discharged Feb 2015. I am considering filing Chapter 7 again. Is my waiting period based upon the original filing date of 2012 or the conversion date in 2014? At what point would I be eligible to file?

John Martin Hilla
John Martin Hilla answered on Jan 15, 2019

Filing date to filing date is the rule of thumb.

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: In chapter 13 plans, what happens if my town doesn't file a proof of claim for property taxes owed?

I finished a Chapter 13 plan (in Massachusetts) 6 months ago. I had claimed approximately $4000 in property taxes under the plan, my down filed a proof of claim for $2600. I made all the payments according to the plan, but now the town is saying I owe another $1400 in back taxes for which they... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 15, 2019

I think more information is required to answer your question. What tax years are involved? Is the $1400 pre-filing or post-filing? For what tax years did the proof of claim account vs. this $1400 balance?

It could be that it is a discharge violation, but it is also important to remember...
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1 Answer | Asked in Trademark for Connecticut on
Q: We are starting a podcast and I'm wondering if using Butterbeer in the name could get us into trademark trouble?
John Martin Hilla
John Martin Hilla answered on Jan 11, 2019

If using any unique signifier from any pre-existing source (Harry Potter novels/movies, in this case), I would indeed worry about that.

Your first step before committing to that brand is to consult with a trademark registration attorney who, will be able, in addition to registration...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: If a car got repossessed and someone plans to get bankruptcy but the towing company says they wont let me have my stuff

Out of the car unless I give them the key basically can they keep my stuff from me in the state of Tennessee

John Martin Hilla
John Martin Hilla answered on Jan 11, 2019

You haven't mentioned who exactly is planning to file for bankruptcy, among other things. If yourself, schedule an appointment with a bankruptcy attorney in your local area to discuss your options and the extent to which a creditor who has repossessed your vehicle and its agents may or may not... Read more »

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2 Answers | Asked in Bankruptcy, Banking and Probate for California on
Q: im ready to dig up my money
John Martin Hilla
John Martin Hilla answered on Jan 11, 2019

Yes, visit a bankruptcy attorney in your area to schedule an appointment to discuss your options in bankruptcy. I presume you are being humorous, but all cash assets, wherever they are located, whether in a bank account or buried in a steel box under a pine tree, must be disclosed along with the... Read more »

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4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: My parents filed chapter 13 bankruptcy. Sold me their house for less than it's worth. Trustee wants to sue me for equity

I took over payments on my parents house, and they added me to their mortgage in February of 2017. I paid their payments (to them and then they paid their mortgage) for a year. In February 2018 they signed a quit claim deed and I refinanced the house to remove their names and have the loan in my... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 10, 2019

Yes, you need to speak with a bankruptcy attorney of your own to obtain the best advice moving forward and to discuss possible defenses to what are called "preference avoidance actions." Long story short, any property sold or transferred by a debtor who files bankruptcy within 2, or even... Read more »

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1 Answer | Asked in Trademark for Massachusetts on
Q: If company X has trademarked, day, the name Cooper, can someone call his indie publisher Cooper Books?

I have noted, for example, that the name Melville is a trademark for a construction company, but there is an independent publisher called Melville House Books

John Martin Hilla
John Martin Hilla answered on Jan 9, 2019

Trademark registration is different than copyright registration in that the purpose is protect consumers' expectations of a product or service's source and quality. It does not protect the registrant's "creative ownership" of a phrase or design, etc.

If...
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1 Answer | Asked in Trademark for California on
Q: how much will it cost me to get a logo trademarked?

It is a 200 emoji

John Martin Hilla
John Martin Hilla answered on Dec 28, 2018

This will be a question with variable answers depending on which attorney you consult. Fees will vary from attorney to attorney and also depending on what service level you request.

An attorney may charge separately from the actual application preparation, filing, and monitoring for an...
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