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Understanding the Requirements for Use in Commerce in a Trademark or Service Mark Application

If you are considering applying for a trademark or service mark, it is important to understand the requirements for use in commerce. According to the Trademark Act (15 U.S.C. §1051(a)), in order for a mark to be eligible for registration, it must be in use in commerce on or in connection with all the goods and services listed in the application as of the application filing date. This requirement is outlined in 37 C.F.R. §§2.2(k)(1) and 2.34(a)(1)(i). In order to satisfy this requirement, the application must include a statement that the mark is in use in commerce, verified in an affidavit or declaration under 37 C.F.R. §2.20. This verified statement must be filed with the original application, or the application must allege that the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date (37 C.F.R. §2.34(a)(1)(i)). It is important to note that the requirements for verification can vary depending on the circumstances of the application. For more information on these requirements, see TMEP §§804-804.05. Overall, the use in commerce requirement is a critical aspect of the trademark or service mark application process. It is essential to ensure that your mark meets these requirements in order to move forward with your application.  Contact a trademark attorney at Tucker Law to discuss the use of your trademark in commerce.

By |2022-12-31T11:24:13-05:00February 1st, 2023|Trademarks|Comments Off on Understanding the Requirements for Use in Commerce in a Trademark or Service Mark Application
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Distracted Driving Accidents: What to Do When a Phone-Using Driver Causes a Crash

When you are in a serious accident, you need a serious accident attorney.  The likelihood of a serious accident increases significantly when a driver is using their phone while operating a vehicle. It's crucial to understand your legal options if you or a loved one has been hurt in a collision brought on by a distracted driver. Distracted driving is a prominent contributor to auto accidents. After a collision, the first thing you should do is get any injuries checked out by a doctor. Even if you feel well, it's still crucial to see a doctor because some injuries can not be obvious right away. The next step is to acquire as much information as you can at the accident scene. Take pictures of the damage to both vehicles and any skid marks or other proof, as well as the other driver's contact and insurance information. It's crucial to note whether the other driver was on their phone at the moment of the collision. Take note of any phones or other electronic devices in the other driver's vehicle and ask any witnesses if they witnessed the driver using their phone. Once you have all of this information, it is crucial to get in touch with a qualified personal injury lawyer who can guide you through the legal system and help you fight for the compensation you are entitled to. Tucker Law has a decade of experience with distracted driving cases and can assist you in receiving the justice you are entitled to. Call us right away at 1-800-TuckerWins if you or a loved one has suffered injuries in a collision brought on by a distracted motorist. We're here to support you through this trying time.

By |2023-01-25T11:16:23-05:00February 1st, 2023|Car Accident, Personal Injury|Comments Off on Distracted Driving Accidents: What to Do When a Phone-Using Driver Causes a Crash
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Calculating the Value of Your Car Accident Claim: A Step-by-Step Guide

Potential clients frequenly want to know if they are entitled to compensation after a crash. The short answer is generally yes! If you've been involved in a car accident, you may be entitled to compensation for damages and injuries sustained in the collision. But how do you go about calculating the amount of compensation that you deserve? The following steps can help you get a rough estimate of the factors we use to determine the value of your claim. Calculate the value of your damages. The first step in calculating the value of your car accident claim is to determine the value of any damages you sustained in the collision. Vehicle damage is also part of this calculation. Also any personal property that was damaged or destroyed in the accident should be included. Calculate your lost wages. If you were unable to work as a result of the accident, you may be entitled to compensation for your lost wages. Take the number of days you were unable to work multipled by your average daily wage to calculate lost wages. Determine your medical expenses. If you sustained any injuries in the accident, you may be entitled to compensation for your medical expenses. This includes any costs associated with medical treatment, such as hospital bills, doctor's visits, and prescription medications. Consider your pain and suffering. In addition to damages and medical expenses, you may also be entitled to compensation for your pain and suffering. For car accidents in Florida, you must have a permenant injury to obtain pain and suffering damage. Pain and suffering is a subjective amount that is based on the severity of your injuries and the impact they have had on your life. Consult [...]

By |2023-01-11T20:08:14-05:00January 31st, 2023|Car Accident, Personal Injury|Comments Off on Calculating the Value of Your Car Accident Claim: A Step-by-Step Guide
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The Importance of Comprehensive Insurance Coverage: Protecting Yourself on the Road

Many motorists choose the bare minimum amount of coverage when it comes to auto insurance in order to reduce monthly charges. However, if a significant accident occurs, this might make them vulnerable. Any car insurance policy should have comprehensive insurance coverage because it offers protection against a variety of conceivable risks. The damage to your car from causes other than collisions is covered by comprehensive coverage, commonly referred to as "other than collision" coverage. This can involve theft, vandalism, natural disaster damage, and other things. It's crucial to remember that comprehensive insurance does not pay for damage caused by collisions with other cars. Collision coverage steps in at this point. The fact that comprehensive coverage provides financial protection for your car in the case of an accident or another covered occurrence is one of its main advantages. Without this insurance, you would be responsible for covering the costs of fixing or replacing your car out of your own cash. This could put a heavy financial strain on you, especially if you get into a catastrophic accident. The ability to reduce your risk of responsibility in the case of a covered incident is another advantage of comprehensive coverage. You can be responsible for any harm or injuries that ensue, for instance, if your car is stolen and used in a crime. You can be protected from this type of liability with comprehensive coverage. It's also important to remember that comprehensive insurance can support the preservation of your car's value over time. Comprehensive coverage will reimburse you for the real cash value of your vehicle at the time of the loss if your car is a total loss as a result of an accident or another covered [...]

By |2023-01-25T10:36:08-05:00January 29th, 2023|Car Accident, Personal Injury|Comments Off on The Importance of Comprehensive Insurance Coverage: Protecting Yourself on the Road
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The Importance of Dash Cam Evidence in Car Accident Claims

If you've been involved in a car accident, you may be wondering how to best protect your rights and interests in the aftermath. One effective tool that you can use is dash cam evidence, which can provide valuable documentation of what happened during the accident. Here's a closer look at how dash cam evidence can be used in your car accident claim, and how to ensure that it is collected and used effectively. What is Dash Cam Evidence? A dash cam is a camera that is mounted on the dashboard or windshield of your car, and it records video footage while you are driving. Dash cams are becoming increasingly popular among drivers, as they can provide valuable evidence in the event of an accident. Dash cam footage can show what happened leading up to the accident, as well as the actual collision and its aftermath. How Can Dash Cam Evidence Help My Car Accident Claim? If you've been involved in a car accident, you may be wondering how to prove that you were not at fault. Dash cam footage can be a powerful tool for demonstrating what happened during the accident. For example, if the other driver was texting while driving or was behaving recklessly, the dash cam footage can show this. In addition, dash cam footage can also help to establish the speed of the vehicles involved in the accident, as well as the weather and road conditions at the time of the collision. Collecting Dash Cam Evidence If you have a dash cam installed in your car, it's important to make sure that the footage is collected and preserved after the accident. Here are a few steps you can take to ensure that [...]

By |2023-01-09T04:54:32-05:00January 29th, 2023|Car Accident, Personal Injury|Comments Off on The Importance of Dash Cam Evidence in Car Accident Claims
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