Asked in Business Law and Trademark for Florida

Q: Hello, Im a motorcycle businessman Im following a brand serial 75153969, Im interested to acquire this brand.

To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.

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2 Lawyer Answers

A: You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For instance, the trademark may still be registered or may have been assigned to another company. You may also need a Florida corporate attorney to assist you with set up of your company and drafting of your resolutions and contracts.

Bruce Alexander Minnick agrees with this answer

A: Free practical advice offered for the last 41 years to people starting their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses understand that retaining a competent experienced business lawyer and paying modest legal fees to advise them--from day one—may end up saving them thousands of dollars later when they must fix unnecessary disasters that could have been avoided. Calling a lawyer who you know--and trust--beats asking strangers for free business advice on Justia. Try it and see.

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