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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.

How to Choose a Strong Trademark in the Snack Food Industry

QUESTIONS? Gerben Law Firm has thousands hundreds of companies register their trademarks. Contact Us! Strong trademarks and branding are key to a successful snack product. In 2018 alone, snack food was a 42 billion dollar industry in the United States. Needless to say, U.S. consumers take their snacking seriously, and unlike a lot of other [...]

June 16th, 2018|

The Definitive Guide to UDRP Proceedings and Domain Disputes

If someone is using a domain that includes your company's trademark you have probably thought about taking legal action to recover the domain.  The most common way to do this is through the UDRP (Uniform Domain-Name Dispute Resolution Policy).  A proceeding through the UDRP is commonly referred to as a "domain dispute." The UDRP is available [...]

June 2nd, 2018|

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

Coachella’s 2018 Music Festival wrapped up last weekend a couple of hours outside of Los Angeles.  The event can be loosely compared to this generation’s Woodstock in its extensive list of musical guests but also in its cultural impact.   This year’s celebrity-studded event featured awe-inspiring feats of performance by Beyonce and other memorable moments, [...]

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. Choosing a brand name for your start-up Although it is tempting to hit the ground running [...]

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|

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.

December 10th, 2017|