Articles by Eric Perrott, Esq.

Eric Perrott

Eric Perrott, Esq. is a trademark and copyright attorney committed to providing high-quality legal services for any sized budget. Eric’s ability to counsel clients through any stage of trademark and copyright development and protection allows him to provide his clients with personalized advice and unique analysis. Eric can be reached directly at: eric@gerbenlawfirm.com. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

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How To's, Trademark Protection

What happens if the opposing party does not respond to discovery in a TTAB Opposition or Cancellation?

Navigating the USPTO’s Trademark Trial and Appeal Board (“TTAB”) can be a formidable challenge, especially for new practitioners before the Board.  A common scenario that unfolds during these proceedings involves an opposing party—or more specifically, their attorney—engaging actively during the initial stages, only to become unresponsive as the case progresses and demands more time and resources. This behavior is not […]

The Basics, Trademark Filing

Navigating Trademark Examination Delays: Strategies for Businesses

In the dynamic landscape of business, where quick thinking is often the key to success, a significant roadblock has emerged that is testing the resilience of entrepreneurs – the extended wait time for the USPTO to examine trademark applications. This challenge has far-reaching implications and makes it difficult for businesses to make informed decisions, plan effective branding strategies, and navigate […]

Government, In The News

USPTO Proposes Increase to Trademark Fees

The United States Patent and Trademark Office recently released a new plan outlining its proposed changes to trademark filing fees.  The proposed plan includes an increase to many of the most common fees associated with trademarks. If approved, the plan can be expected to raise fees by November 2024.  What fees are being raised? While fees are being raised across […]

General

Beware of a Trademark Scam Coming from USPTO.ORG

We were recently made aware of a brand new trademark scam by a client. The client received an unsolicited email from an entity called uspto.gov <noreply@uspto.org>. The email claimed that a “refund request” was issued with the USPTO and the trademark application in question was in danger. Here is what the email said: We have been notified by your Trademark […]

How To's, The Basics, Trademark Protection, Trademark Protection

Can You Add Goods and Services to a Trademark Registration?

Smart business owners often pivot, expand, and shift focus for their business in response to market demand, new trends, and new opportunities. If you are one of these business owners, and you own a registered trademark, you might have questions about how your existing trademark covers these new business opportunities. This article explores how and when to consider filing additional […]

General

How Creators Can Recover Rights Under Copyright Termination

If you are a designer or creator, there is a good chance you’ve owned hundreds, if not thousands, of copyrights during your career. For creative professionals working on a contract basis, those copyrights will typically transfer to the person or company who paid for them. However, it is not always easy for a creator to know the value of their […]

General, How To's, Trademark Filing

How to Protect Your Privacy at the USPTO When Filing a Trademark Application

When you file a trademark application, you put a lot of information on the public record and, once filed, it is nearly impossible to remove. The United States Patent and Trademark Office is a public filing system, meaning that there is no expectation that any of the information you provide will be private. This data is available through bulk downloads […]

General

Register Your Trademarks with U.S. Customs as Part of a Comprehensive Brand Protection Program

Trademark registration in the United States is considered the “gold standard” for brand owners and is vital in any effective brand protection program, but did you know that you can also register your trademarks with the U.S. Customs and Border Protection? U.S. Customs has the power to seize and destroy counterfeit or non-genuine items before they ever enter the U.S. marketplace. […]

General

My Trademark Application was “Approved for Publication” – What’s Next?

Before a trademark application is registered, it goes through a rigorous examination process by a government attorney. Once the government attorney approves the trademark application, it is “published for opposition.” While it sounds scary, the “publication period” or “opposition period” is a part of every trademark application process. A mark that has been “Approved for Publication” means that the examining attorney […]

The Basics, Trademark Protection

The Definitive Guide to Trademark Expungement and Trademark Reexamination Proceedings at the USPTO

There are over 2,750,000 trademarks registered in the United States. Each of these registrations allows the owner to protect the goods and services listed in the application. However, some of these registrations contain goods and services that the registrant has never sold in the United States. The existing USPTO procedures allow these applications to register without further information about the […]

General, Government, In The News

The Proposed 2023 SHOP-SAFE ACT Provides Framework for Holding Online Marketplaces Accountable

E-commerce platforms like Amazon and Walmart provide consumers with fast access to millions of products, sometimes within days or hours of ordering. However, despite what many consumers might believe, Amazon and Walmart do not sell most of the items being sold on their respective websites. Instead, third-party sellers use Amazon and Walmart’s programs (such as “Fulfilled by Amazon”) to store […]

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