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BartEsq
BartEsq, Researcher
Category: Business Law
Satisfied Customers: 1506
Experience:  Juris Doctor
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Hi, I have a question regarding DBA filing versus existing

Resolved Question:

Hi, I have a question regarding DBA filing versus existing trademark name. I have a LLC and I want to register a fictitious name. As per my research on USPTO.GOV, the trademark (fictious name I want to use is dead and the Abandoned date is February 23, 2009). Can I use the name for DBA filing in state of California? Here is the link to USPTO record: http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:k164up.2.3
Submitted: 1 year ago.
Category: Business Law
Expert:  BartEsq replied 1 year ago.

BartEsq :

Hi, my name isXXXXX going to try and help.

BartEsq :

The link is not working. What is the name of the trademark?

BartEsq :

Well, the uspto site is down right now. I think the link is fine.

Customer:

k. I haven't filled the trademark. I want to file a DBA and I found that Buzzmeter is a trademark

BartEsq :

Regardless, as long as the trademark is not active, you can use it as a DBA. You may want to register the mark yourself.

Customer:

But the website of UPSTO says that it is abandoned

BartEsq :

The old owner can still reactivate the mark unless you do it first.

Customer:

Does it means that I could use it as a DBA ?

BartEsq :

Yes.

BartEsq :

Just that one caveat....if the old owner reactivates it. It is best to apply for it yourself.

Customer:

ohk. What is generally the fees for filling a trademark

BartEsq :

If you do it yourself, between 250 and 350 depending on if you get expedited application.

Customer:

My business is not doing very well.. we are rebrading ourselves with whatever we could do as a last attempt.

Customer:

What would you recommend in such a situation ?

BartEsq :

What type of business are you in?

Customer:

Digital marketing

BartEsq :

B2B?

Customer:

We have customers but are exoense is exceeding the business we have as of now

Customer:

Our Indian counter part is doing very well on the contrary

Customer:

B2c

Customer:

We also do B2B

BartEsq :

It is a tough business with the democratization of technology. Rebranding is hit or miss.

Customer:

in such a situation would you suggest to file the trademark in near future or should I wait to see the results

BartEsq :

Maybe look for partners.

Customer:

yes.. I understand. That is why a hitch

Customer:

hmm sounds good.. but is it really that easy

BartEsq :

If you are going to invest time and money in the rebrand, best to get that application started so someone doesnt come along and thwart your efforts.

Customer:

true.

BartEsq :

Easy is relative...I think it depends on the relationships you have.

Customer:

I ll get the trademark done.

Customer:

yes. That's right.. But hopefully this rebranding thing works for us.. As our existing customers have loved our work n we have got a lot refferal

BartEsq :

Any other concerns you would like to address?

Customer:

Thank you for advice and time. Its very helpful

Customer:

Any thing you would recommed ?

BartEsq :

Not that I can think of other than applying for the mark.

BartEsq :

You have anything else?

Customer:

k perfect sounds good.

BartEsq :

My goal is to provide you with excellent service. Let me know if you have any questions. If I can provide you with any additional service, please don't hesitate to ask. Please remember to rate my service so I can get credit for my work. Bonus is not mandatory but much appreciated. Thank You.



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Customer:

k. great

BartEsq :

Thanks.

BartEsq, Researcher
Category: Business Law
Satisfied Customers: 1506
Experience: Juris Doctor
BartEsq and other Business Law Specialists are ready to help you

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