Gerben Law Firm's Trademark Blog

When it comes to selecting a name for a brand, product, or service, trademark attorneys often take a different approach than most marketers. Our main consideration is whether or not a name is unique enough to be protected with a federal trademark registration. However, finding a name that aligns with your brand, while still being […]

Chinese trademark registration provides many benefits to foreign-based companies.  Many businesses, through manufacturing, distribution, and sales, will likely do business in China at some point.  Therefore, it is best to obtain trademark registration in China as soon as possible, in order to avoid bad faith registrations and protect against counterfeiting. As your business grows, it […]

Back on August 8 of this year, The Ohio State University filed a trademark application for the word “THE,” claiming the mark was being used for a brand of clothing. Now, the USPTO has issued an initial refusal of the University’s application, citing two main issues with filing. First, the USPTO found that a prior […]

As of August 3rd, 2019, the USPTO will now require foreign trademark registrants to hire a U.S. trademark attorney to file their applications. Though it is highly recommended, United States citizens, permanent residents, and those filing through the Madrid Protocol are not required to work with a trademark attorney at this time. As you prepare […]

LA Gear and the Los Angeles Rams have finally settled their years-long dispute over the “LA RAMS” trademark. Dating all the way back to January of 2017, the dispute began with LA Gear filing an opposition against the Los Angeles Rams’ trademark application for “LA RAMS,” claiming the shared acronym made the marks too similar. […]

When it comes to registering your trademark, don’t be tempted by DIY legal sites that provide little guidance and assistance throughout the process. Work with an experienced trademark attorney to ensure your trademark application process runs smoothly and quickly. As you begin the process to register your trademark with the United States Patent and Trademark […]

When should you start the trademark registration process for your company, brand, or service name? The answer is, as soon as humanly possible. The number one mistake that I have seen clients make over the 11 years that I’ve run my practice is falling in love with a name and having no ability to change […]

An interesting trademark filing has recently been made by the New England Patriots. The filing is for “DOUGH YOUR JOB,” an obvious play on Bill Belichick’s saying “DO YOUR JOB.”  The filing indicates that the Patriots intend to sell a brand of ice cream using the phrase. This is where things get a little interesting. […]

A federal trademark registration provides valuable protections for your dietary supplement brand.  You will have the presumption of nationwide protection for your trademark.  You also will be able to more easily take down infringing listings on online marketplaces, such as Amazon. Your registered trademark can also be a springboard to international trademark registration. You’ve worked […]

The University of Miami has filed a trademark application for “TURNOVER CHAIN.” The application, which was filed in October 2018, has been refused because an individual from Delray Beach, Florida actually filed his own ‘TURNOVER CHAIN’ application back in 2017. This has all come to a head in June of this year (2019), when the […]

If you are an in-house counsel and you’re hiring outside counsel for trademark services, there’s an extremely high chance you’re overpaying for those services. There are two main ways that large law firms typically overcharge for trademark services. The first is during the trademark search process, and the second is when filing the application. 1. […]

Steps to Register a Trademark in Canada: Choose a strong mark Hire a trademark attorney Complete a comprehensive trademark search File your application Respond to CIPO requests Many US trademark owners see the benefit of Canadian trademark registration.  With its close proximity and millions of potential customers, it may make sense to begin your international […]