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Gerben Law Firm's Trademark Blog


This trademark blog and informational section of the website is meant to provide you with answers to commonly asked questions about trademark searching, filing, and registration.

What are the Economic Benefits of a Registered Trademark?

Trademarks offer not only legal benefits, but economic benefits as well.  The following are economic benefits of trademark registration: A registered trademark protects your investment from infringement. A registered trademark is needed for growth and expansion beyond your region. A registered trademark is a valuable asset that can increase in value over time. A registered […]

The Benefits of Intent-to-Use Trademark Filings

An intent-to-use trademark application is a trademark filing made before you actually have any sales of your products or services in the marketplace. There are a few scenarios in which this type of filing is more beneficial than a standard in-use application. Three Reasons Intent-To-Use Applications Are Beneficial There are three main reasons that filing […]

5 Steps for Australian Businesses Registering a U.S. Trademark

The 5 steps needed to register a United States trademark as an Australian based business: File your trademark in Australia. Engage a US trademark attorney. Conduct a US trademark search. File your trademark with the USPTO. Properly maintain your US registration. File Your Trademark in Australia First If you haven’t already done so, begin the […]

What Is the Correct Filing Basis for Your Trademark?

What filing basis should you use in your trademark application? This is one of the most complicated and technical questions in any trademark application. First, you tell the government what trademark you’d like to register, then you answer the question about what goods and services you’re going to be providing under the trademark. After that, […]

Once I File My Trademark Application, Can I Add Additional Goods and Services Later On?

Question: Once I file my trademark application, can I add additional goods and services later on? Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application. A typical […]

Is My U.S. Trademark Registration Protected Internationally?

Question: Is my United States trademark registration protected internationally? Answer: No. A trademark registration in the US only provides you rights in the United States and its territories. If you want trademark protection in any other country, you must file your trademarks on a country-by-country basis. The one exception to this rule is when registering […]

Do I Need to Hire a Trademark Attorney Near Me?

Question: Do I need to hire a trademark attorney near me? Answer: No. You can hire a trademark attorney from anywhere in the United States to help with your United States trademark application. Unlike other areas of law, trademark law is federal in nature, meaning attorneys can assist clients in any state. At Gerben Law […]

Daniel Jones Files Trademark for “DANNY DIMES”

NFL quarterback Daniel Jones has filed a trademark application for his nickname “Danny Dimes.” The October 15th filing was made by Hermitage Company LLC and signed by Daniel Jones as the owner or member of the entity. Moreover, the trademark application lists the address of record as Daniel Jones’s parents’ home address in Charlotte, North […]

Do I Need to File Multiple Trademark Applications for Different Versions of My Logo?

 Question: Do you need to file multiple trademark applications for different versions of your logo? Answer:  Typically, you do not need to file trademark applications for various different versions of your logo.  In most cases a single filing on the version of your logo used in the masthead of your website or the packaging […]

Trademark vs. Copyright: What’s the Difference?

A trademark represents your brand or product.  Names, logos, and slogans are common trademarks.  A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.  To ensure intellectual property is protected, work with your attorney to obtain a federal registration. What is a Trademark? A trademark is anything […]

What Trademark Rights Do I Have While My Application Is Pending with the USPTO?

Question: What trademark rights do I have while my trademark application is pending with the USPTO? Answer: The rights in a pending trademark application are very limited.  You do not have the rights of a federal trademark registration until the USPTO reviews and approves your application. While your application will certainly hold your place in […]

The San Francisco 49ers File Trademark Application for “NINERS GANG”

The San Francisco 49ers have filed a trademark application for “NINERS GANG.” This filing especially interesting, because Bay Area legend E-40 recently dropped a new single called “Niner Gang” in support of the 49ers. Following the success of the song in the Bay Area, the 49ers quickly moved to federally protect the phrase with a […]