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Florida Trademark Questions & 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?
James L. Arrasmith
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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...
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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

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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

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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
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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

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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

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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

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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
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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

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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.

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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
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

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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

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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

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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
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
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
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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
Felicia Altman
Felicia Altman
answered on Aug 4, 2023

If a trademark is Abandoned any person may file for the abandoned mark with the USPTO in the same or similar goods and services. In order to file for the trademark you must prepare and file an application with the USPTO. In order to file an appropriate application it is best to consult a trademark... View More

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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
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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

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3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: if a trademark shows abandoned, can & how do I trademark it
T. Augustus Claus
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answered on Aug 4, 2023

To trademark an abandoned mark in Florida:

1. Conduct a trademark search to ensure no conflicts.

2. Verify eligibility to register the mark.

3. File a new trademark application with the USPTO.

4. Respond to any office actions promptly.

5. Obtain trademark registration if approved.

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2 Answers | Asked in Business Law, Trademark and Intellectual Property for Florida on
Q: I Have a brand with it "ATLAST" I want to registrer this name as my trademark. I want some information. What i can do ?
Felicia Altman
Felicia Altman
answered on Jul 10, 2023

In order to register a trademark you must first conduct a search to ensure the mark is not already registered with the USPTO in a similar class of goods or services. Once a trademark search is completed, if the search is clear you can register an In-Use or Intent-to-Use application with the USPTO.... View More

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2 Answers | Asked in Business Law, Trademark and Intellectual Property for Florida on
Q: I Have a brand with it "ATLAST" I want to registrer this name as my trademark. I want some information. What i can do ?
James L. Arrasmith
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answered on Jul 10, 2023

To register "ATLAST" as your trademark, conduct a thorough search to ensure it's not already taken. Then, submit an application to the appropriate trademark office, such as the USPTO, with the required fees and detailed information about your brand. Consider hiring a trademark... View More

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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: I see a company using a very similar name as mine for a skincare business.

I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is showing as live in the trademark page, I started it now in 2023 for all cosmetic, skincare and... View More

James L. Arrasmith
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answered on Jul 10, 2023

In a situation where two skincare businesses have similar names, it's recommended to consult with a trademark attorney for specific guidance. Trademark protection is typically granted to the first user of a distinctive mark in commerce. While your use of "Praia skin" predates the... View More

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