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Florida Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

N'kia (NLN)
N'kia (NLN)
answered on May 24, 2023

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US...
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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 24, 2023

The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.

You...
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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Can I use a trademark word phrase in a title of my book?
Will Blackton
Will Blackton pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023

It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Can I use a trademark word phrase in a title of my book?
Eugene Vamos
Eugene Vamos
answered on May 11, 2023

Titles of books can not be trademarked.

The name of a series of books or other creative works may be registrable if it serves to identify and distinguish the source of the goods. An applicant must submit evidence that the title is used on at least two different creative works.

Think...
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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if Drama Llama is trademarked for apparel can I use it for Lawncare services

I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC

Benjamin Charles Korray
Benjamin Charles Korray
answered on May 6, 2023

Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... Read more »

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4 Answers | Asked in Intellectual Property, Trademark and Copyright for Florida on
Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2023

This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.

Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register...
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4 Answers | Asked in Intellectual Property, Trademark and Copyright for Florida on
Q: Do I need 2 copyrights if I intend to sell my logo on hats as well as stickers?

I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... Read more »

James L. Arrasmith
PREMIUM
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answered on May 2, 2023

In the United States, copyright law automatically protects original works of authorship, including logos, once they are fixed in a tangible medium of expression. However, if you want to register your logo with the U.S. Copyright Office, you will need to submit an application and pay a fee.... Read more »

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: A nail polish brand has a polish named Julia, another brand also has a polish named Julia. Can you sue over this?
James L. Arrasmith
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answered on Mar 10, 2023

It depends on whether the first nail polish brand has a registered trademark for the name "Julia" and if they are using it in connection with their nail polish products. If they do, then the second nail polish brand may be infringing on their trademark rights by using the same or similar... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: Can I trademark the term Game of Quotes and if so how much would it cost.
Felicia Altman
Felicia Altman
answered on Jan 24, 2023

In order to find out if you your requested mark is already filed with the USPTO you can work with a Trademark filing service for a low cost fee to preform a pre-search or full search for conflicting or similar marks. The trademark application is generally $250-$350. Working with a trademark service... Read more »

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: 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
Erik Špila
Erik Špila
answered on Sep 1, 2022

If you want to trademark your artist name in European union, it is possible too. There are many such trademarks already registered here.

First I recommend trademark search for possible conflicting trademarks and then you can use legal practitioner in EU to file EU trademark on your behalf....
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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...
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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

Erik Špila
Erik Špila
answered on Aug 21, 2022

I just would like to add that some countries may have less than 10 years period of trademark validity. But the general "default" trademark validity period is 10 years with option to renew it for another 10 year period. You can renew it indefinitely as long as you do not miss the renewing... Read more »

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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.

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