Registering your trademark for a clothing line is a significant step in protecting your brand. However, trademark registration is full of potential mistakes that can result in delays, or worse, in the denial of the application before the United States Patent and Trademark Office (USPTO). One of the trickiest parts of trademark registration is the “use in commerce” requirement.
Starting November 7th of this year, a 99th member will be added to the Madrid Protocol. Becoming the 115th country, Thailand will officially become a member of the Madrid Protocol. If you have ever wanted to expand your trademark rights to more than one country, you are probably familiar with the Madrid Protocol. If you [...]
Protecting the name of your band or musical acts name can help prevent confusion and can make marketing easier in the crowded music space. However, there are certain ways that musician trademarks differ from a typical trademark, especially in the requirements for registering a trademark for musical recordings with the United States Patent and Trademark [...]
It’s college football time again! You may be thinking, “what could college football have in common with trademark law?” Well, whenever a fan sees that colleges name and logo on a helmet or every time a fan buys a t-shirt, hat, Pop-Tarts, pacifiers and, yes, even urns and caskets, the importance and value of that college’s [...]
Amazon is one of the essential online marketplaces for many businesses. However, because of its popularity, trademark infringers, product counterfeiters, listing hijackers and others continue to be a major problem throughout the Amazon marketplace. Recently, Amazon rolled out their latest version of the Amazon Brand Registry to help protect marks. Do you qualify?
Protecting your brand is one of the top priorities when starting a business or launching a new product or service. You have likely heard that hiring a trademark attorney can, according to one study, increase your chances of successfully registering your trademark with the United States Patent and Trademark Office. However, when you go to [...]
This article deals with domain name registration and "use in commerce" requirements, generally. It is not legal advice on your individual situation and may not be relied on as legal advice. Each situation will be fact-specific and there is no one-size-fits-all advice. Contact an attorney to discuss your specific trademark. In today’s digital age, most [...]
Genericide. The death of a trademark. It may sound dramatic and for a trademark owner, it is. It means that the trademark owner’s once strong and powerful trademark is now available for everyone to use. In the trademark law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark [...]
Last week, the attorneys and staff at Gerben Law Firm celebrated Father’s Day with their families. Now, being trademark attorneys, they found some time to reflect on some dad-related intellectual property disputes. Superman v. Super...dad? Your dad may be capable of some superhuman feats (dad superpowers never sleep) but D.C. Comics doesn’t want your dad [...]
Trademark protection is essential for physical therapists and their practices. By effectively securing trademark rights, including a federal trademark registration with the United States Patent and Trademark Office, physical therapists protect one of their most valuable assets - their brand. Protect Your Trademark Rights Work with an experienced attorney to protect one of your company's most [...]
Almost anything can act as a trademark. A sound, a smell, even a motion. Anything that is capable of distinguishing a distinct source of a product or service can be registered as a trademark. With this being the case, there are some pretty odd and peculiar trademark applications that get filed with the United States Patent [...]
The Oakland Raiders announced they would be moving to Las Vegas. This article discusses the likely hurdles both the applicants and the Raiders will face in the coming months.