Lawyers, Answer Questions  & Get Points Log In
Florida Trademark Questions & Answers
2 Answers | Asked in Trademark for Florida on
Q: I want to trademark my blog/instagram name. What is the best way to do this/start this process and how much will it cost
Linda Liang
Linda Liang answered on Dec 16, 2019

You can learn all about trademark on US patent and trademark office's website. Or you can hire an attorney to do it for you to avoid mistakes because it takes 6 months to hear from the government. A mistake is very costly in time sense.

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
Bharath Konda
Bharath Konda answered on Oct 16, 2019

You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... Read more »

1 Answer | Asked in Trademark for Florida on
Q: If a trademark is listed as "Abandoned" (status - 606), does that mean someone else can use it?

If so, how does one go about doing it legally?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

Brilliant observation

YES but not so fast

Just because it is abandoned in the USPTO system does not mean it is not in use

There may be some rights left for the owners

Consult with an attorney before you do anything

3 Answers | Asked in Trademark for Florida on
Q: Does “abandonment” mean this company is no longer trademarked and is able to be claimed by someone else ?
Jason Brooks
Jason Brooks answered on Jul 14, 2019

An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: What would be the cost of trademarking a name and a logo?
Evelyn Suero
Evelyn Suero answered on May 30, 2019

Attorneys fees vary, however the application fee{s) begin at $225 per trademark per class/category.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If a trademarked name has a "Status710 - Cancelled - Section 8", does this mean it could possibly be available?

Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?

Evelyn Suero
Evelyn Suero answered on May 24, 2019

A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration... Read more »

2 Answers | Asked in Business Law and Trademark for Florida on
Q: Hello, Im a motorcycle businessman Im following a brand serial 75153969, Im interested to acquire this brand.

To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.

Evelyn Suero
Evelyn Suero answered on May 24, 2019

You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For... Read more »

View More Answers

2 Answers | Asked in Trademark for Florida on
Q: How do I trademark a business name?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 6, 2019

Business names are not eligible for trademarks. If you are using the business name is used in association with produce or service, then you may be eligible for a trademark. You should consult a trademark attorney. I offer free consults. https://calendly.com/ahajiamospllc/15min

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: My trademark is registration number 5151077 Someone registered it in Turkey am I protected Internationally?

Can you please let me know what I can do?

Griffin Klema
Griffin Klema answered on May 3, 2019

No, a US registration is limited to the US. You would need to follow the Madrid Protocol to secure trademark rights in other countries. If you are selling products in Turkey, and someone else has a registration, there are several things that need to be addressed (such as whether the person is... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can I be sued personally for trademark infringement without the plaintiff first sending a cease and desist to my corp?

My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 29, 2019

Yes.

You may use your entity status as a defense. However, a plaintiff can choose to sue whomever they'd like.

View More Answers

2 Answers | Asked in Patents (Intellectual Property), Probate and Trademark for Florida on
Q: My Grandfather is Warren Depperman, My name is Mario Depperman (Grandson). Does he own patients I could claim?
Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 23, 2019

It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress... Read more »

View More Answers

2 Answers | Asked in Trademark for Florida on
Q: How much does it cost to get a trademark?

Posible logo or company name trademark

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 30, 2019

Varies.

I charge $250 for the first class/mark for the application. USPTO fees start at $225. The prosecution costs $500-$1,500, on average over the course of about 8 months. The more crowded the field and descriptive the mark is, the more expensive prosecution will be.

View More Answers

1 Answer | Asked in Business Formation and Trademark for Florida on
Q: i have opend a company with the name of 10X construction am i breaking any trademark laws
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 27, 2019

Probably, not or yes.

It will depend if somebody is using it already.

You should have a consult and get a search and analysis of what is registered for the same type of service.

cheers

1 Answer | Asked in Business Law, Copyright and Trademark for Florida on
Q: How do I buy a trademark that is no longer active?

I have the numbers for the trademark from the Justia site.

Jason Brooks
Jason Brooks answered on Feb 21, 2019

It doesn't work that way. If a trademark is dead or abandoned, you must go through the process re-registering the mark by filing a registration application with the USPTO

1 Answer | Asked in Trademark for Florida on
Q: hey, I created a merchandise product inspired in the F.R.I.E.N.D.S. logo with another saying on it, can i trademark it?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 17, 2019

Most likely not.

If you are referring to the show FRIENDS, then definitely not.

The logo very likely is copyrighted or the creators, owners of the show, own some rights over it, so they could come after you and stop you from using it.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Can I register “Pikapool” word for conpany trademark?
John Martin Hilla
John Martin Hilla answered on Jan 25, 2019

You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that... Read more »

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for Florida on
Q: If I have a cell phone case that has the wording of BliND FOR LOVE is that an infringement?
Griffin Klema
Griffin Klema answered on Dec 26, 2018

Are you selling the product? Mere possession of an item with a trademark is not necessarily infringement. Selling (i.e. generating revenues and profits) is entirely different. Unfortunately, there is not enough information in your question to provide any further insight. Good luck!

1 Answer | Asked in Trademark for Florida on
Q: Our church (based in louisiana) has the exact same logo of another church in Florida, with no differences. Is this bad?

We have literally the same logo. Not even joking. I can't find trademark information, but they have been using theirs longer than we have. Are we at any legal risk.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2018

It may depend upon whether they have registered the trademark at the U.S. Patent and Trademark Office.

1 Answer | Asked in Trademark for Florida on
Q: My last name is "Apple." Can I use it for my new business without getting sued by the tech company?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2018

Apple, Inc. is a California corporation. While it's business name is no doubt registered in Florida, as well as everywhere else, you won't get in trouble unless you name your new business "Apple, Inc.", or something similar. Name it something else: "[your first name]... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Hi, I have a question regarding trademark violations.

Assuming I am selling bedding items such as sheets and pillow casings on Amazon under my trademarked brand "My sleeping comfort" and a competitor with a different brand sells similar items and uses the words "sleeping comfort" in his product title and descriptions, is he in... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

An attorney would need to review all the facts involved. Based on what you have described, you probably cannot prevent a competitor from using "sleeping comfort" to describe of bedding. Generally speaking, it is not trademark infringement to accurately describe what a product is using... Read more »

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.