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About Colleen Wellington

Colleen Wellington is a Law Clerk with Gerben Law Firm, PLLC. Prior to and throughout law school she worked with an international intellectual property trade association, serving owners of patents, trademarks, copyrights, and trade secrets.

Examining the Validity of the Trademark Application for IHOB filed by IHOP

A marketing strategist’s job is to come up with clever, attention-catching brand strategies and marketing campaigns to generate publicity. Although the International House of Pancake’s (IHOP) recent name-change stunt did just that, the trademark legal strategy behind the name for the Los Angeles-based company raises some questions. According to media reports, consumers’ interest [...]

September 7th, 2018|

Three Tips For European and UK Companies Filing U.S. Trademarks

Navigating the United States trademark filing system can be a daunting task for companies from the European Union or United Kingdom.  This is because the information required by the United States Patent and Trademark Office is typically more stringent than the trademark offices in the EU and UK. The following article discusses three main issues [...]

August 16th, 2018|

How to Choose a Strong Trademark in the Snack Food Industry

Learn tips and tricks on how to choose a strong trademark in the snack-food industry.

June 16th, 2018|

Domain Name and UDRP Disputes – A Definitive Guide

Protect your trademark from cybersquatting by using the Uniform Dispute Resolution Policy ("UDRP")

June 2nd, 2018|

Coachella is Enforcing its Trademark Against Other ‘Chella’-Branded Events

The Los Angeles Times reported recently that Goldenvoice, the owners of the COACHELLA trademark, is not shy when it comes to enforcing its trademark ‘Coachella’ - it has filed trademark lawsuits against other companies who wish to host festivals whose marketing names end in ‘chella’.

May 1st, 2018|

How to Protect Your Start-Up with a Trademark

As an entrepreneur, there are several factors to consider when preparing to launch your start-up. One of these factors, that is often overlooked, is how to use federal trademark law to protect your business as you build your brand.

April 15th, 2018|

The Benefits of an Incontestable Trademark

The “five year” anniversary of a trademark registration is an important one. Your first renewal is due and, if you have been using the mark consistently, you are now eligible for “incontestability” status on your registration. While the word, “incontestability” elicits the impression of invincibility, this word is somewhat misleading as this status does not [...]

April 6th, 2018|

“I’m a Shithole, Mr. President!”: A New Era of Offensive Trademarks

Now that the offensive ban has been deemed "unconstitutional," the floodgates are open for offensive trademark, including applications including offensive words used by the President of the United States.

January 26th, 2018|

USPTO Will Likely Deny “NOprah” Trademark Application

In anticipation of a potential 2020 campaign, entrepreneurs have started making filing with the USPTO using Oprah's name. But under U.S. trademark law, they will almost certainty be rejected.

January 19th, 2018|