How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask BartEsq Your Own Question
BartEsq
BartEsq, Researcher
Category: Business Law
Satisfied Customers: 1506
Experience:  Juris Doctor
64232130
Type Your Business Law Question Here...
BartEsq is online now
A new question is answered every 9 seconds

Hi, I have a question regarding DBA filing versus existing

This answer was rated:

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

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.



You can request me directly by putting “To Bart” at the beginning of your question or clicking on my profile link here: http://www.justanswer.com/law/expert-bartesq/

Customer:

k. great

BartEsq :

Thanks.

BartEsq and 5 other Business Law Specialists are ready to help you