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Florida Trademark Questions & Answers
2 Answers | Asked in Trademark for Florida on
Q: Has this PresScents Trademark been abandoned? If so, what’s the cost to trademark the name with a different logo?
Joanne Belasco
Joanne Belasco answered on May 11, 2022

While it appears that the application was abandoned many years ago, you should have a trademark attorney conduct a search to make sure that a similar trademark was not registered. The USPTO will deny a similar mark if it creates confusion in the marketplace, so it doesn't have to be the exact... Read more »

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2 Answers | Asked in Trademark for Florida on
Q: How can i start the process of registering my company brand?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 13, 2022

Consult a qualified trademark attorney to prepare and file an application for federal registration.

You will need to describe the goods or services provided, specify the date of first use, and submit an illustrative specimen of how the mark is used. The process takes at least 8 months these...
Read more »

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1 Answer | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: Am I legally allowed to incorporate images of pet food bags for a powerpoint presentation on marketing schemes?

Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.

Jane Kim
Jane Kim answered on Jan 21, 2022

You should probably repost it under trademark or intellectual property.

Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.

1 Answer | Asked in Business Formation and Trademark for Florida on
Q: is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business ?

is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?

Linda Liang
Linda Liang answered on Jan 18, 2022

You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.

2 Answers | Asked in Trademark for Florida on
Q: Can you trademark a name under a category U don’t sell in order to stop someone else from using the name for that good

I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »

Thomas James
Thomas James answered on Jan 16, 2022

The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: someone trademarked a similar name as my company offering similar products. Can i still get a trademark for mine

I did a public notice. I registered it under my corporation which I’ve had since 2011. Our first name is similar our second name is different. But she trademark things that she’s not even selling that I am offering with my logo and name attached to it online with a presence. What can be done!

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 12, 2022

Your question is unclear thus difficult to answer. If you have a federal registration for a trademark, it can be enforced against an infringer whose use is confusingly similar for the same goods/services. You should consult an experienced trademark attorney to review the matter.

1 Answer | Asked in Animal / Dog Law, Copyright, Intellectual Property and Trademark for Florida on
Q: I want to start an animal rescue. How do I trademark the name or copyright it so no one else can use it?

Don't want to get sued if someone else uses the name either.

Thomas James
Thomas James answered on Nov 14, 2021

A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal... Read more »

2 Answers | Asked in Trademark for Florida on
Q: If a company has a word trademarked for a certain area, like clothing, is it okay if I use the term for a beauty line?

I want to use the term FlowGrown Beauty. However, I see someone has trademarked FLOWGROWN already, but only for clothing and footwear. So, can I use FlowGrown Beauty for lotions and other beauty/wellness products?

Ali Makoui
Ali Makoui answered on Sep 29, 2021

Goods and services are categorized in 45 international classes. For example, cosmetics and cleaning preparations are in class 3 and clothing and apparel are in class 25. When USPTO examining attorneys search to find similar marks, they not only search in the particular class in which a good or... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: Is it required for a trademark attorney to give you your file if you request it?

...

Linda Liang
Linda Liang answered on Sep 24, 2021

An attorney is required to communicate with clients, including giving the files back. Yet, in your case, you can get on the website of USPTO and see what have been done. You may be able to receive a copy there.

1 Answer | Asked in Copyright and Trademark for Florida on
Q: Hello. Can I use the name "Mortal Kombat", without using any of the franchise's designs or font?

I am simply using the name for a recreational adult softball team. I do not have any copyrighted designs or logos, but I just want to know if using the phrase alone is illegal, if I put it on a jersey.

Linda Liang
Linda Liang answered on Aug 24, 2021

Yes, you can use text only as trademark.

2 Answers | Asked in Gaming and Trademark for Florida on
Q: If i make a video game and a corporation has trademark on the name for a board game. How does it work will i thus be TM?

Games name we want to be rebound. But, mattel has a trademark on the word Rebound. What legal action could they take against us we named it such. Or are we safe todo so and name it as we please?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 2, 2021

No, you are not safe

You need to consult with an attorney to understand your risks

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1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Adam Ira Skolnik
Adam Ira Skolnik answered on Jul 17, 2021

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

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1 Answer | Asked in Trademark for Florida on
Q: Can same words have a "standard character mark" and a "style mark" with specific artwork from a different company?

There is an existing "standard character mark" for a 4-word phrase owned by another company, but I want to register and use that same 4-word phrase in a "style mark" that incorporates our company logo.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 26, 2021

Don't recommend it at all

Very risky

Consult with an attorney for an evaluation of your risk and options

4 Answers | Asked in Trademark for Florida on
Q: Hello, can I attain this trademark
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 17, 2021

You need to consult with an attorney for a review and analysis

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2 Answers | Asked in Trademark for Florida on
Q: Does trademark trump public domain?

Can I adapt the murder of roger ackroyd (in the public domain in 2022) and include hercule poirot?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

you are probably confused with copyrights

You should consult with an attorney and do an analysis of your plans.

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2 Answers | Asked in Foreclosure and Trademark for Florida on
Q: is this case with california club explaining a foreclosure or failure to pay for a trademark?

i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.

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1 Answer | Asked in Copyright and Trademark for Florida on
Q: Can I use “Lucky 13” in clothing prints

I was thinking of using the words “lucky 13” for some clothing designs and just wanted to be sure not to step on anyone’s toes by doing that.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

You need to consult with an attorney and search for potential of conflict

Best luck

Marcos

1 Answer | Asked in Trademark for Florida on
Q: The owner of a trademark died without a will. Can this Trademark be claimed as abandoned?

The owner was my father. His wife at the time moved back to Russia & is not claiming the Trademark. I have a Death Certificate to prove he is deceased

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

You probably need to do probate and get a disposition of all assets including intellectual property.

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