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Florida Trademark Questions & Answers
3 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.

Hire an attorney!

1 Answer | Asked in Trademark for Florida on
Q: If I have a trademarked name let's say SliderMan, can someone come along and call himself Dan tthe SliderMan in FL?
London Davenport
London Davenport answered on Apr 15, 2021

The short answer is "it depends." If he is using the mark in a similar manner to your registered use then you can likely enforce your rights in the mark against him. You should consult with a trademark attorney to assist you with evaluating your legal rights. An attorney can send a cease... Read more »

1 Answer | Asked in Trademark for Florida on
Q: How do I continue with my Trademark application for Serial Number 87513618?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 13, 2021

You application was abandoned.

You need to review the reason of the refusal and try again or a different mark.

You should consult with an attorney.

2 Answers | Asked in Trademark for Florida on
Q: I would like to trademark “KOUTURE” is this available. Also what are the steps to trademarking anything
Drew Chalfant
Drew Chalfant answered on Feb 27, 2021

A trademark attorney can help break this down for you. Most of them over charge their clients and don’t really give a s*** about your business beyond the trademark filing. Call me if you want a fair price on your trademark and someone who wants to plug in as a legit partner in your company’s growth.

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1 Answer | Asked in Trademark for Florida on
Q: I see a trademark on the name Gypsy Soul. Would the name Gypsy Sol infringe?
Evelyn Suero
Evelyn Suero answered on Feb 4, 2021

The USPTO may issue a refusal for registration for trademarks which are confusingly similar to other registered trademarks for the same/related goods/services. When marks sound alike when spoken, are visually similar, etc., the marks may be considered confusingly similar. Using a mark that is... Read more »

2 Answers | Asked in Trademark for Florida on
Q: Is there a way to trademark another item under the trademark I currently have in order to have a lesser fee

..or are all trademarks separate no matter if its different trademarks within one business you currently have?

Evelyn Suero
Evelyn Suero answered on Jan 9, 2021

Each trademark application with the USPTO is a separate application with its own fee(s). A logo trademark is filed separately from a word/phrase trademark, for example. However, an applicant may select multiple class/categories of use on a trademark application, but if the applicant later wishes... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: Is it legal to use the name "Love Spell" on a candle?
Timothy John Billick
Timothy John Billick answered on Jan 8, 2021

It is possible that this phrase is protected under trademark law. In which case, the scope of your rights could be determined by any prior use of the same or similar mark.

Whether your use of a mark infringes on someone else's use hinges on a number of factors including:

(1)...
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2 Answers | Asked in Trademark, Real Estate Law, Business Formation and Intellectual Property for Florida on
Q: I want to make an underwear line with a specific name, but the name I want to use is already trademarked. Can I use it?

It's trademarked for Real Estate agencies and Real Estate Brokerage. This is a different industry than I would be in so does it really matter?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 31, 2020

You should consult with an attorney to understand your risks

In general trademarks can coexists if they are in different categories that there is no chance people can get confused as of the origin of the product or service

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1 Answer | Asked in Trademark for Florida on
Q: Can the word Muggle be used in book title? Since titles can’t be trademarked?
Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

You still run the risk of copyright infringement from the Harry Potter rights holders; for it is well-established that characters are subject to copyright protection. This is a gray area, however, because "muggle" is essentially a race within the HP world, and the HP rights holders would... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Where do I apply to register a trademark that does not infringe on any other trademark in use?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 13, 2020

Go to USPTO

You should consult with an attorney to assess your risks and options.

3 Answers | Asked in Trademark for Florida on
Q: If the trademark is under abandonment does that mean it can be trademark by someone else
Evelyn Suero
Evelyn Suero answered on Dec 11, 2020

An abandoned trademark application may simply mean that the applicant failed to file a required response to an office action, etc. This does not mean that such applicant has stopped actually using the trademark in commerce for their goods or services. Applications may also be revived under certain... Read more »

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3 Answers | Asked in Trademark for Florida on
Q: If a name is already registered but under a different class would I still be able to file for a new trademark?
Steve Charles Vondran
Steve Charles Vondran answered on Dec 5, 2020

Generally speaking, the same name (trademark) can be used in different categories as long as there is no "likelihood of consumer confusion." For example, there is the Lexus car, and the Lexis legal research software (which I use). This is not legal advice. Consumer confusion is many... Read more »

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3 Answers | Asked in Copyright and Trademark for Florida on
Q: How can I renew a trademark that expired on July 2020?

Reef Chicks is registered to an ex co-owner of the company. I need to renew the trademark and have the owner name changed.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Dec 1, 2020

A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the... Read more »

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3 Answers | Asked in Trademark for Florida on
Q: A trademarked company named Diamond Cosmetics demands that I change my business name.

They say I have to drop the name Diamond from my name because I am operating under their business name and they don't want any confusion because we both sell cosmetics, lip gloss, false eyelashes etc. I think it's bogus because "diamond" and "cosmetics" are common... Read more »

Julia Lang
Julia Lang answered on Nov 4, 2020

Trademark infringement is similarity in sight or sound for similar goods or services. If the other company has a registered trademark for DIAMOND COSMETICS in connection with makeup, cosmetics, etc., then they are most likely entitled to exclusive, nationwide use of the mark, and your use of the... Read more »

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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: I have a disclaimer. Can I stop some else from using the words on their website, logo/trademark outside the USA?

My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... Read more »

Tania Maria Williams
Tania Maria Williams answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... Read more »

2 Answers | Asked in Intellectual Property, International Law and Trademark for Florida on
Q: Is an international registered trademark in the USA enough to stop a trademark infringement outside the USA?

The trademark is filled in the USA as an international trademark. I want to know if that is enough to stop someone using words from my trademark on their website outside the USA.

My trademark is made up with 3 words and a symbol, I have a disclaimer for the 3 words. However I have noticed... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 26, 2020

You need to visit with a lawyer who specializes in intellectual property. I don't know where you are in the state, but if you call The Florida Bar in Tallahassee they can point you in the correct direction.

Good Luck

d

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