Giselle Ayala Mateus
Law Office of Giselle Ayala Mateus
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Education
- Brooklyn Law School
- LL.M. (2018) | Business Law
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Professional Experience
- Principal Attorney
- Law Office of Giselle Ayala Mateus
- - Current
- Attorney
- Law Office of Richard La Salle
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Professional Associations
- State Bar of New York # 5724505
- Member
- Current
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- American Immigration Lawyers Association New York Chapter
- Current
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- Intellectual Property Law Association
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Jurisdictions Admitted to Practice
- New York
- New York State Office of Court Administration
- ID Number: 5724505
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Fees
- Free Consultation
- Credit Cards Accepted
Practice Areas
- Immigration Law
- Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Student Visas, Visitor Visas, Work Visas
- Intellectual Property
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Languages
- English: Spoken, Written
- Spanish: Spoken, Written
Legal Answers
- Q. I own a company in this same exact spelling and everything. Any advice ?
- A: I suppose your question is if two companies with same name or trademark can coexist. Well there different considerations to make. In general terms two trademarks can exist if they are not substantially so as to cause likelihood of confusion. However, this is a legal term, one would need more information to give you a real answer. Additionally, for purpose of your trademark filing, if the other business is not opposing to the registration you may have a chance of being successful. Like my colleague said more information is necessary. I wrote this note which could be useful for you: https://www.ayalamateus.com/when-are-two-trademarks-considered-too-similar
- Q. I came in on a fiancé visa in September 2019 was married in 0ctober . I 485 was filed. In May my USA spouse died.
- A: In this kind of cases. USCIS must be notified. A death certificate must be submitted. The petition will be converted to a I-360 petition of a widower.
- Q. Hello there. I’m opening a restaurant and was gonna use the DBA name as Pan Am. I know the airline is trade marked.
- A: I general terms when two business of different industries have the same name this is not a problem if they as so different that consumers will not misleaded. That said, in the world of trademarks the airline could do two things if it discover that another business is using its name. It could send a cease and desist letter, or it could oppose a trademark registration of the same name before the USPTO. However, to be successful or to have a real possibility of winning in litigation the airline would have to prove consumer confusion or a substantial likelihood. Additionally, the airline would have to prove that it is so popular or well known that a consumer could be misled. This means, that the airline could have no real possibility of preventing another from using its same name. Nevertheless, if the airline has more money for legal fees, it may has a chance to drag another to a litigation it cannot win because of lack of resources to pay an attorney for a good defense. At the of the day, it all depends of the difference of the two business and of getting legal counsel ti determine risks and how to handle them.
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