A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used–even though they have never been federally registered–can all be considered common law trademarks. The rights associated with common law trademarks are regionally limited and not as easily enforced […]
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.
Tom Brady’s Agents File Trademark Application for “TB X TB”
Tom Brady’s agents, Yee & Dubin Sports, have filed a new trademark application for “TB X TB.” The application was filed on March 20 on a 1(b) basis, indicating an intent to use the “TB X TB” mark in association with a brand of clothing. One thing to note is that the Tampa Bay Buccaneers […]
The Trademark Registration Process for Businesses Based in Philadelphia
There are several motivations behind applying for a federal trademark registration–legal objectives, practical reasons, and national deterrence are all primary considerations when filing for a trademark. As a Philly-based business, you are a competitor in the epicenter of one of the East Coast’s largest cities, and investing in a trademark can be one of the […]
In The News
Uplifting Coronavirus Trademark Filings
The USPTO has seen a surge in coronavirus and COVID-19 trademark filings recently. Of the dozen new applications, the majority are optimistic and uplifting. Filed by different parties, the trademarks include: I SURVIVED CORONAVIRUS I SURVIVED CORONAVIRUS 2020 I SURVIVED THE CORONAVIRUS 2020 I SURVIVED THE CORONAVIRUS 2020 I BEAT THE CORONAVIRUS CORONAVIRUS SURVIVOR I […]
The 30 Percent Rule in Copyright Law
There is no 30% Rule and you should think twice before using someone else’s content.
In The News
Three New Trademarks Filed for COVID-19
Three new trademarks applications were filed by an individual in California for “TOGETHER WE SURVIVED COVID-19,” “WE CURED COVID-19,” and “I SURVIVED COVID-19.” These filings were made on March 9, 2020 and filed on a 1(b) intent-to-use basis. This means that this individual plans to use the three trademarks in association with the goods and […]
Trademark Modernization Act of 2020: How Proposed Legislation Could Clear the Way for Your Trademark
The U.S. House and Senate recently introduced the “Trademark Modernization Act of 2020” proposing streamlined procedures for eliminated unused trademark registrations. Could the new proceedings help your business reduce the risks and costs of developing a new brand?
How to Perform a Patent Search
A patent search is often recommended in an effort to find potential prior art (e.g., any patents or patent applications) that may impact the patentability of your invention. In many cases, the search process is rather detailed and time-consuming, and thus, working with an experienced patent attorney is encouraged. In general, the United States Patent […]
How Long Does it Take U.K.-Based Companies to Register a U.S. Trademark?
As a company domiciled in the United Kingdom looking to file an American trademark application, there are 2 options: You can file a trademark application through an international trademark system called the Madrid Protocol. You can hire an American trademark attorney to represent you and file the application on your behalf. There are advantages and […]
Paris Hilton Files 9 Trademarks for “SLIVING”
Paris Hilton filed nine new trademark applications for “SLIVING”. The filings were all made on March 5th. The term, invented by Hilton in 2019, is combination of ‘slaying’ and ‘living’. Hilton filed the applications on an intent-to-use basis, meaning that she plans to sell all the goods and services listed in her applications under the […]
Little League Baseball Files New Trademark for “LIVE YOUR SERIES”
Little League Baseball has filed a new trademark application for “LIVE YOUR SERIES.” The application, filed with the United States Patent and Trademark Office (USPTO) on February 25, was filed on an intent-to-use basis. This suggests that Little League Baseball plans to use the phrase in association with things like clothing, cloth patches, and baseball […]
Can I File My Own Trademark Application?
Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application. However, just because you can doesn’t mean you should–while the lack of initial legal fees may be appealing, filing an application without the assistance of a trademark attorney often […]