Lawyers, Answer Questions  & Get Points Log In
Florida Trademark Questions & Answers
1 Answer | Asked in Trademark, Copyright and Intellectual Property for Florida on
Q: Hi, are the decorative patterns on the Pfaltzgraff Yorktowne dish wares trademarked or can I sell paint stencils of them
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks.... View More

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can l trade mark the Slogan “US Star Open I will play it one day”
Felicia Altman
Felicia Altman
answered on Nov 18, 2023

In order to know if a phrase is available to trademark you must first conduct a search with the USPTO. If no other individual or business has a registered trademark that is the same or similar you may file a intent-to-use or in-use application with the USPTO. Because the trademark process can be... View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can l trade mark the Slogan “US Star Open I will play it one day”
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or... View More

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Can I make a reference in a new song, to the title of a song that has been trademarked?

I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Is TNO the clothing brand still trademarked and if is who owns it

We are trying to make thee brand for America and want to know if the brand is in use we saw that the brand was used in the UK and want to know if it’s available for the United States

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

To ascertain if "TNO" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in... View More

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

If a trademark is deemed abandoned, it means the original owner is no longer using it in commerce and has no intent to resume its use. To take over an abandoned trademark, follow these steps:

1. First, conduct a comprehensive search to ensure the mark is genuinely abandoned and not in use...
View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Felicia Altman
Felicia Altman
answered on Oct 20, 2023

If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: If a Trademark is abandoned, what do I have to do to take it over?
Evelyn Suero
Evelyn Suero
answered on Oct 20, 2023

A trademark may have a status of abandoned when the owner has failed to file a response or some other required document. It does not necessarily mean that the trademark is not in use by that applicant or any other business. You may be able to file a new trademark registration if you have conducted... View More

View More Answers

2 Answers | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: I want to reinstall my trade mark.My business name is Mineral Evolution LLC serial number 79025687

I had to let it go because of no funds to prolong the registration.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 25, 2023

You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More

View More Answers

2 Answers | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: I want to reinstall my trade mark.My business name is Mineral Evolution LLC serial number 79025687

I had to let it go because of no funds to prolong the registration.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

To reinstate your trademark registration for Mineral Evolution LLC, you should contact the United States Patent and Trademark Office (USPTO) or consult with a trademark attorney who can guide you through the process of reinstating and renewing your trademark registration. Be prepared to provide the... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am looking at trademark here for LUCKYEYE on JUSIA with "cancellation pending", what does that mean?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2023

"Cancellation pending" in the context of trademarks typically means that a third party has initiated proceedings to cancel the registration of the trademark. The reasons for seeking cancellation can vary, such as allegations that the trademark is no longer in use or was improperly... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am looking at trademark here for LUCKYEYE on JUSIA with "cancellation pending", what does that mean?
David Aldrich
David Aldrich
answered on Sep 22, 2023

It means another party filed a cancellation proceeding, which is a legal proceeding that attempts to cancel the mark on one or more grounds. In this particular case, it looks like that cancellation proceeding ended in December 2022. The cancellation request was denied, meaning that it is still a... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Is there any possible way for me to trademark the name "MOBTIES CLOTHING"?
David Aldrich
David Aldrich
answered on Sep 7, 2023

You will likely encounter some difficulty. There is a registered mark (and another pending application) for MOB TIES, for many types of clothing. It is likely MOBTIES CLOTHING would be considered as likely to cause confusion with MOB TIES when used with clothing products.

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

David Aldrich
David Aldrich
answered on Sep 7, 2023

I assume you are talking about the mark "DEBRA MURRAY SHAYPRON". If so, this registration went abandoned a very long time ago, such that you will need to file a new trademark application (whether for DEBRA MURRAY SHAYPRON or for just SHAYPRON). If you do this right away, you should be... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

The application to register DEBRA MURRAY SHAYPRON filed in 2011 was an "intent to use" application. It was cleared for publication by an examining attorney and since there was no opposition, a "notice of allowance" was issued in 2012. Had a "statement of use" been... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

Felicia Altman
Felicia Altman
answered on Sep 7, 2023

If your trademark went abandoned some time ago you unfortunately will need to file a new trademark application. If you have been using the mark and no conflicting marks have been filed there should be no issues in refiling for the mark. When a trademark is field a declaration of use is required to... View More

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: I want to trademark "The Conscious Casa" and there is already a "Conscious Casa" trademark, can I do this?

They are not the same industry and have no parallels.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2023

The test for trademark infringement is whether the usage is likely to confuse as to the source of goods or services. CONSCIOUS CASA is used and registered for services in the fields of business & real estate, engineering & design, and health. Usage of the same mark for goods or services... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi - Could you tell me if a trademark on 87476609Registration #5716359HO'OPONOPONO covers wall art or acrylic
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

HO'OPONOPONO is a Hawaiian exercise for reconciliation and forgiveness. The current trademark registration 5716359 is for bracelets in International Class 014, which includes precious metals, jewelry, and watches. Use of the mark for acrylic paintings would not infringe this registration.... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: I want to file a trademark but there is already my brand name with 2 words flipped. read more -->

For example my name is "goodpure" and theirs is "puregood+" they have the exact same goods and services. I'm looking to sell online nationwide not in any stores. And if I can get registered in another country I would do that if possible. I am eligible for dual citizenship... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

Given the similarity in names and the exact same goods and services, filing a trademark for "goodpure" could potentially lead to rejection by the USPTO or an opposition from the existing "puregood+" trademark owner due to likelihood of confusion. Registration in another country... View More

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if a trademark shows abandoned, can & how do I trademark it
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

If a trademark is marked as abandoned, it generally means that the previous owner has not maintained it or the application was not completed. You can potentially apply for the same trademark for your goods or services if it's appropriate for your business, by filing an application with the... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.