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Florida Trademark Questions & Answers
1 Answer | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

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.

Timothy John Billick
Timothy John Billick 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,...
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2 Answers | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

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.

Evelyn Suero
Evelyn Suero 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... Read more »

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3 Answers | Asked in Trademark for Florida on
Q: Hello I have a question about HOLLYWOOD WALK OF FAME - Trademark Details.

So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

I'm a little unclear as to what you're intending to do ...

If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly,...
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2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

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

Phillip William Gunthert
Phillip William Gunthert 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... Read more »

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2 Answers | Asked in Business Law and Trademark for Florida on
Q: I need to get a lawyer to assist my Veteran's NonProfit 501c3 to trademark/stripe something something

We want to trademark/stripe "Got Your Six"

Evelyn Suero
Evelyn Suero answered on Sep 15, 2020

You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.

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1 Answer | Asked in Trademark for Florida on
Q: Is this trademark still valid?

I'm interested in taking over the trademark to continue the apparel line.

Evelyn Suero
Evelyn Suero answered on Aug 15, 2020

Work with a trademark attorney to determine whether a trademark is available. Another company may have started using the trademark in the same or related class/category. A clearance search is recommended to avoid claims of infringement.

2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

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.... Read more »

Evelyn Suero
Evelyn Suero 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.

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2 Answers | Asked in Trademark for Florida on
Q: I have the trademark HOOPSLife. I was given a cease and desist order filed from someone who owns HOOPLife. ???
Tania Maria Williams
Tania Maria Williams answered on Aug 4, 2020

Trademark owners are supposed to police their mark, but a cease and desist letter can have some merit, a lot of merit or no merit. It depends on the facts and circumstances surrounding the marks and their use. You should contact an attorney to assist you with determining the viability of an... Read more »

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3 Answers | Asked in Trademark for Florida on
Q: Is there a difference in these two trade marks..... 1. HOOPSLife. and 2. HOOPLife. ?
Evelyn Suero
Evelyn Suero answered on Aug 4, 2020

A trademark owner or trademark would likely find those trademarks to be confusingly similar and the use of one would likely create a likelihood of confusion with the other, depending on the class/category of the trademarks, etc. Generally speaking, the addition of one letter does not overcome the... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: How can I buy a trademark that is listed as unused since 2008?

I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.

Evelyn Suero
Evelyn Suero answered on Jul 28, 2020

While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Copyright/ Trademark I am crafter who creates customs designs and create handmade items..

The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.

To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 17, 2020

She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... Read more »

2 Answers | Asked in Trademark for Florida on
Q: Sold business, still own trademark, can I use it?

I registered a trademark (business name) in 2004. In 2007 I sold the business to a large company. I don't remember reassigning the TM. I was doing a TM research today and see I still own the trademark. Do I still have a right to use the name?

William Scott Goldman
William Scott Goldman answered on Jun 25, 2020

Well, that depends on the terms of your asset purchase agreement, including any provisions concerning IP and common law trademark rights. Additionally, you'll need to examine whether the other party has already started acquiring common law rights through use of that trademark and whether you... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: I was told that the word Superhero was owned by Marvel. Can I still use Superhero Nutrition in my program?
Evelyn Suero
Evelyn Suero answered on Jun 19, 2020

You should consult with a trademark attorney regarding using trademarks that are registered. Generally speaking, trademarks are protected within the class of goods or services in which they are used. If, for example, the trademark owner uses the mark for nutrition/health, your use of the mark may... Read more »

3 Answers | Asked in Trademark for Florida on
Q: Name I want to use is trademarked. But what if my business has more of a social presence than the trademarked name?

I can’t even find the trademarked business online.

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Great question. There are numerous options to consider. If you'd like to discuss them, let us know:

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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3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey 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*)

HULSEY, PC

A Gold Standard in IP for a Competitive Entrepreneurial...
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2 Answers | Asked in Copyright and Trademark for Florida on
Q: I want to register domain like VRchatroom.com, am i infringing on trademark of VRchat.com as they own VRchat trademark
Barbara Berschler
Barbara Berschler answered on May 25, 2020

Yes. The word "room" is not the main part of their mark, "VRchat," from the POV of trademark protection.

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3 Answers | Asked in Copyright and Trademark for Florida on
Q: Hello I have an online store and we want to sell shower curtains an mats with designer brand logo are we able to?

Are we able to sell it? We don't claim the artwork as ours.

Bill Hulsey
Bill Hulsey answered on May 16, 2020

https://www.youtube.com/watch?v=2jK8IndKMis

TRADEMARK FAIR USE

Please watch this video.

If we can help, let us know.

All the best,

Bill Hulsey

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2 Answers | Asked in Trademark for Florida on
Q: Am i braking law if using a phrase, which is a trade mark. Example Miami Towing, using it as a keyword phrase on website

We are a towing company, and we use different key words phrases on our website. One of them is Miami Towing, for better search traffic from google. We received a letter from Miami Towing company that has a trademark of that phrase. They have recently filled for it. Am i braking law using it?

Evelyn Suero
Evelyn Suero answered on Apr 14, 2020

Generally speaking, use of a bonafide trademark on a website or advertisements may constitute trademark infringement if such use would likely cause confusion among consumers, such that a person would be confused as to the source of the goods or service that they wish to purchase. However, trademark... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: A company has trademark registered but no signs of any business in the United States, is that Lanham Act non-use/abandon
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 13, 2020

It can be.

Check when it expires.

Also, if you really want it, you may institute proceedings.

There are a number of strategies you can pursue.

Contact for a consultation

480 324 6378

www.legalbizglobal.com

2 Answers | Asked in Gaming and Trademark for Florida on
Q: My company makes games for its benefit. Others buy/download our games. Would we use a trade or servicemark for our brand

Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?

Evelyn Suero
Evelyn Suero answered on Apr 7, 2020

The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a... Read more »

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