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Florida Trademark Questions & Answers
1 Answer | Asked in Trademark for Florida on
Q: Can I reclaim my trademark Mamushka? It was declared dead in 2020. Do I just file new application if I have no grounds t
Erik Špila
Erik Špila
answered on Nov 30, 2022

You can file a new trademark application for a new trademark. Office will proceed with it as with a new trademark application.

1 Answer | Asked in Trademark for Florida on
Q: how can i trademark a quote or phrase?

i plan on starting my own apparel business and have a phrase in mind that I would like to trademark. What are the proper steps?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Nov 22, 2022

You should consult with an experienced trademark attorney, to review your intended mark and its use, search existing registrations to assure it is not confusingly similar to another used for similar goods or services, and apply for registration.

1 Answer | Asked in Trademark for Florida on
Q: Could you trademark the word but with a different logo? Or use a variation (I.e. mountain bear farms)?

Question about “mountain bear” trademark

Erik Špila
Erik Špila
answered on Nov 2, 2022

Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.

1 Answer | Asked in Trademark for Florida on
Q: can a trademark cancellation be requested by multiple different parties
Erik Špila
Erik Špila
answered on Oct 3, 2022

Yes, trademark cancellation proceedings can be initiated by multiple parties for the same trademark as there can be various reasons for trademark cancellation. This is valid for many jurisdictions and countries throughout the world.

2 Answers | Asked in Trademark for Florida on
Q: How do i get my artist name trademarked
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 31, 2022

A performer may apply for federal registration of his/her stage name, if it is not confusingly similar to another performer who has used the name earlier in time. The application would be made for entertainment services, and could also be supplemented by registrations for use on fan merchandise.... Read more »

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1 Answer | Asked in Copyright and Trademark for Florida on
Q: Can you use a lower case p and put the word phish on a shirt?
Erik Špila
Erik Špila
answered on Aug 30, 2022

The answer depends on many variables such as are you going to make business with these shirts? Are you going to use the shirt only for your private purposes (like wearing it by yourself)? If you are going to sell these, are there similar/identical trademarks in such segment in your country?... Read more »

1 Answer | Asked in Trademark for Florida on
Q: If theres a logo trademark "Blend smoothie and salad bar" under the category of restaurant services, can I write the tra

If theres a logo trademark "Blend smoothie and salad bar" under the category of restaurant services, can I write the trademark "Blend&Co" for my restaurant selling healthy smoothies, juices, coffee, tea, etc..?

Erik Špila
Erik Špila
answered on Aug 26, 2022

Dear Mrs or Mr,

as there is no refference in your question to the mentioned existing trademark, I will only try to answer according to provided information.

These two trademarks "Blend smothie and salad bar" and "Blend&Co", considering they are both in same...
Read more »

1 Answer | Asked in Trademark for Florida on
Q: Hello This was my trademark I didn’t use a lot because of covid emergency I would like to deactivate the trademark

The name was Versatilis Couture

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 17, 2022

The intent-to-use application to register "Versatilis Couture" was approved for publication and then a notice of allowance was issued on 06/05/2019. Since there was no statement of use filed within the required six month period, the application was abandoned and cannot now be revived.... Read more »

2 Answers | Asked in Trademark for Florida on
Q: How long does trademarks last? I filed last year and lawyer is asking to renew under declaration section 8.

Dont they last 10 years? 1 year seems too little to be already paying for renewal

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 12, 2022

I would guess there was a misunderstanding between you and your lawyer. Once a federal trademark is registered, it lasts 10 years, and a renewal application can be filed between the 9th and 10th year from registration (but before the 10-year anniversary, in order to avoid additional fees and... Read more »

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1 Answer | Asked in Employment Law, Copyright and Trademark for Florida on
Q: Statute of limitation on company claiming ownership of my work?

I am working at a fortune 500 company as a software developer. At the time of employment, I signed an agreement that said if I work on anything even during my own time the company would own it. Is there a statute of limitation on the contract? If I make a service/product now while employed at the... Read more »

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 9, 2022

Each case is different but generally speaking, under the U.S. copyright laws, works created by employees within the scope of their employment are considered "works made for hire" and are owned by the employer and not the actual employee who created such works. Works are also considered... Read more »

1 Answer | Asked in Trademark for Florida on
Q: I have a fed trademark, someone is using trademark on website. I sent out c & d letters what paper to file to court?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2022

The federal registration entitles you to the remedies of injunctive relief and money damages by suing in federal court for infringement. Consult an experienced trademark attorney to review the case and bring an action in the appropriate venue.

1 Answer | Asked in Trademark for Florida on
Q: If I want to start a fishing apparel company names Mangrove Mafia, but the trademark is registered under "sticker" for

the same name, Mangrove Mafia, and they also sell 2 t-shirts, can I not use that name for my company?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 27, 2022

The registration in 2012 of MANGROVE MAFIA is for use on stickers in International Class 16, which also includes other printed matter such as magazines. That registration is up for renewal by 11/14/2022, and could expire if the owner does not submit a specimen of use and declaration.

Your...
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1 Answer | Asked in Trademark for Florida on
Q: Can I legally call my company name Jedi Roofers LLC?

Can I legally call my company name Jedi Roofers LLC? I wasnt sure exactly how copywrite works in this regard. Since I am using Roofers LLC could I legally use Jedi? I see that its in the Webster dictionary defines Jedi as: person who shows extraordinary skill or expertise in a specified field or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 19, 2022

This is a trademark question regarding brand names, not copyright, which protects works of expression.

Lucasfilm has registered JEDI as a trademark for various goods and services, but a quick search of USPTO records shows that no application has been made for JEDI used for roofing services....
Read more »

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 »

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