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Florida Trademark Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Should I talk to the other company using similar name as mine? I fear future problems. Mine is trademarked for skincare.

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 trademarked in 2023 for all cosmetic, skincare and sunless lotions use. Can there be a conflict?... View More

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

PLAYA ("beach") has been registered by Playa Products, Inc. for cosmetics since 2020, based on use since 2017. Unless your use of PLAYA for skin care products was earlier than 2017, you would be denied federal registration for that mark. There is no current or pending application to... View More

3 Answers | Asked in Gaming, Trademark and Intellectual Property for Florida on
Q: How would I trademark my Game?

I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?

Felicia Altman
Felicia Altman
answered on Jun 8, 2023

You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine... View More

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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

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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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
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... View More

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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... View 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... View 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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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... View More

1 Answer | Asked in Trademark for Florida on
Q: Can I reclaim my trademark Mamushka? It was declared dead in 2020. Do I just file new application if I have no grounds t
Erik Špila
Erik Špila
answered on Nov 30, 2022

You can file a new trademark application for a new trademark. Office will proceed with it as with a new trademark application.

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: Could you trademark the word but with a different logo? Or use a variation (I.e. mountain bear farms)?

Question about “mountain bear” trademark

Erik Špila
Erik Špila
answered on Nov 2, 2022

Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.

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
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.... View 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?... View 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.... View 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

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... View 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... View 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... View 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.

1 Answer | Asked in Trademark for Florida on
Q: If I want to start a fishing apparel company names Mangrove Mafia, but the trademark is registered under "sticker" for

the same name, Mangrove Mafia, and they also sell 2 t-shirts, can I not use that name for my company?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 27, 2022

The registration in 2012 of MANGROVE MAFIA is for use on stickers in International Class 16, which also includes other printed matter such as magazines. That registration is up for renewal by 11/14/2022, and could expire if the owner does not submit a specimen of use and declaration.

Your...
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1 Answer | Asked in Trademark for Florida on
Q: Can I legally call my company name Jedi Roofers LLC?

Can I legally call my company name Jedi Roofers LLC? I wasnt sure exactly how copywrite works in this regard. Since I am using Roofers LLC could I legally use Jedi? I see that its in the Webster dictionary defines Jedi as: person who shows extraordinary skill or expertise in a specified field or... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 19, 2022

This is a trademark question regarding brand names, not copyright, which protects works of expression.

Lucasfilm has registered JEDI as a trademark for various goods and services, but a quick search of USPTO records shows that no application has been made for JEDI used for roofing services....
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