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Gerben Law Firm's Trademark Blog

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

As a trademark attorney who has worked on over 5,000 United States Patent and Trademark Office trademark filings, I have accumulated a lot of experience on various trademark issues. My hope is that I, along with our experienced trademark and copyright attorneys, can share some of that experience with you through this blog.

Please enjoy the information and feel free to contact our attorneys if we can answer any trademark questions for you."

Josh Gerben, Esq.,
Trademark Attorney

Latest articles

Breaking: Federal Circuit Holds Ban on Offensive Marks Unconstitutional

The Federal Circuit held today that the U.S. trademark law’s ban on offensive and derogatory marks in unconstitutional, following a similar decision by the Supreme Court earlier this year.

What is an “Intent to Use” Trademark Application?

Although, in general, trademark rights are established by using the mark in commerce, depending on the timing of your business’ launch, an “Intent to Use” (ITU) application might be right for you.

Meeting the “Use in Commerce” Requirement for a Cloud-Based Software Trademark

One of the trickiest decisions is analyzing whether you have “commercial use” of your trademark that meets the USPTO (and the federal trademark law) “use in commerce” requirement, which is needed both to register a standard and “intent to use” trademark registration.

How to Meet the “Commercial Use” Requirement For an App Trademark

Having a strong, protectable trademark for your app is essential for a successful launch in today’s cutthroat mobile industry. There are millions of apps in the Apple App Store, Google Play store and other online app marketplaces and the competition can be fierce. Owning a federal trademark registration is an important step towards protecting your mark in the long term.

How to Prove “Commercial Use” For a Clothing Brand Trademark

Registering your trademark for a clothing line is a significant step in protecting your brand. However, trademark registration is full of potential mistakes that can result in delays, or worse, in the denial of the application before the United States Patent and Trademark Office (USPTO). One of the trickiest parts of trademark registration is the “use in commerce” requirement.