answered on Dec 7, 2020
You may apply to register a trademark that does not infringe on any other trademark in use in the same or related category of goods or services. For federal registration, you may go to the USPTO website for more information. It is recommended that you work with a trademark attorney to assist you... View More 
I am a Home Health Physical Therapist Assistant (1099 Independent Contractor) in FL. I have professional liability insurance but want to make sure my personal home, retirement, savings and investment accounts are safe if I am sued. I set up a single-member LLC, but my accountant recommended to... View More
answered on Nov 3, 2020
You seem to be concerned about protecting yourself from any professional malpractice suits, which is what professional liability insurance is for. If you provide your services under an LLC, you'd need to insure both the LLC and yourself individually, and if that causes a substantial... View More
Founder/President was impeached for misappropriation of funds and possible fraud. Sorority registered in Georgia. The Sorority name is trademarked. How can we continue use the name and register the sorority in Florida with a different EIN.
answered on Oct 9, 2020
You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.
Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark,... View More
Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.
answered on Oct 9, 2020
Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you... View More
I would sell them to local small businesses that do ac repair and need hvac units for their customers. I do not have a license and wanted to know if I legally needed one to be able to buy and sell hvac in FL
answered on Oct 7, 2020
I don't think you need a license from the Construction Industry Licensing Board but you would need an occupational license. You should also form an S corporation or LLC to protect you and have the manufacturer cover you under its product liability insurance..
I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do
answered on Sep 21, 2020
If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... View More
answered on Sep 16, 2020
It depends upon what product or service the business sells. And, by the way, registering a LLC is not licensing; there is no such thing as a "LLC license".
I would like to sell the idea to the patent owner of box legend clothes organizer.
answered on Sep 7, 2020
Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... View More
THEY ARE SAYING LIKE I HAVE 4 DAYS TO RESOLVE OR FUNDS ARE SEIZED FOR UP TO 2 YEARS. MONEY MISSING, AND ASKING MY BROTHERS SIGNATURE THAT HE IS THE APT LEASE HOLDER..CAN I SUE THE BANK FOR DISCRIMMINATION? THEY CAN SEE IS FROM BENEFITS FROM UNEMPLOYMENT AND MY SCHOOL. I DO FEEL DICRIMMINATED... View More
answered on Aug 17, 2020
Hello, based on the facts you described it is difficult to assess the situation. Banks under different laws, rules, and regulations have responsibilities to monitor, review, and act on customer's accounts to deter, detect, and report suspicious activities. During the review process, under... View More
Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... View More
answered on Aug 11, 2020
This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.
Can I still run the Advertising after registering for a fictitious name? I will run the Ad within the same week.
answered on Jul 27, 2020
In Florida, when you register a fictitious name you only have to certify that the name has already been advertised. However, publications may not place the advertisement on the same day that you submit a request for advertisement. Verify that the name has been advertised before you register.
answered on Jul 25, 2020
You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.
answered on Jul 23, 2020
Until you are 18 your are not legally able to enter into any contracts. Period. The reason is because most kids under 18 are not capable of making sound financial decisions and can avoid responsibility if any company allows them to enter into contracts. The only other option is to get someone else... View More
answered on Jul 10, 2020
If you are going to have any type of business you should incorporate in order to protect your personal assets. Also, you may need certain licenses to operate and you also need to register with the Florida Dept. of Revenue so that you can collect sales tax. Any time you sell something you should... View More
Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.
Now,... View More
answered on Jul 9, 2020
Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... View More
I would like to start a money service business specialized in money transfer overseas. Where do I start?
answered on Jun 11, 2020
The first place to start doing anything in the financial arena as a business is seeking a license to do what you want to do from the Florida Department of Financial Services in Tallahassee. Google them.
You will improve your chances of success in being approved if you hire a very... View More
Also, if I can register it, would I need to register it as an LLC?
answered on May 26, 2020
Yes. And, we can help:
Bill Hulsey
IP & Patent Lawyer
Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers
Regional Economic Developer (M.A.Econ | CEcD*)
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A Gold Standard in IP for a Competitive Entrepreneurial... View More
I was arrested for possession of a firearm by convicted felon and for growing marijuana. Since then I've been trying to change my life around and I'm looking to start an ATM business. My plan is to purchase the ATM and make money off the surcharges. I heard it's difficult for felons... View More
answered on May 26, 2020
This is an interesting question. As a former operations officer in a commercial bank my educated guess is that ANYONE intending upon stating a new business owning stand-alone ATMs and making money from the (outrageous) fees will have to have some sort of state license to do so; and so the Florida... View More
answered on May 18, 2020
In Florida, a "DBA" or "fictitious name" may be registered for a sole proprietor unless he/she is doing business in their personal name. There are also exemptions for certain licensed professions. Consult with an attorney for specifics.
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