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About Gerben Law Firm

The Gerben Law Firm trademark blog is edited and authored by the firm's attorneys and staff. Since 2008, Gerben Law Firm's trademark attorneys have assisted thousands of clients obtain federal trademark registrations. Please contact our trademark attorneys if you have any questions about your specific matter. Consultations are always complimentary. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

Makeup Manufacturer Hard Candy drops Trademark Application for #MeToo

Makeup company Hard Candy learned the hard way that a simple trademark application can quickly turn into a PR nightmare. Hard Candy isn't the first (and won't be the last) company to get in trouble for attempting to claim exclusive rights in a grassroots phrase, but the backlash is still significant (and may have been avoidable.)

January 25th, 2018|

Las Vegas Golden Knights Trademark Filings Opposed by US Army

Launching a new sports franchise can be tough. Deciding on a name for that sports franchise? It may be even tougher. The U.S. Army filed an opposition against the Las Vegas Golden Knights hockey franchise.

January 23rd, 2018|

Trademarks and Advertising: What Do You Need to Know?

Whenever you launch a new advertising or marketing campaign, you potentially open yourself up to trademark liability. Is your business at risk? Here are some best practices to help reduce the risk of trademark infringement when launching a new campaign.

January 21st, 2018|

Information Required From a Foreign Company To File a United States Trademark Application

Gerben Law Firm works extensively with international clients and their foreign counsel to assist with the filing of trademark applications in the United States (we serve as a local counsel in the United States in this capacity). Clients (and their attorneys) from over 30 countries have used Gerben Law Firm's local counsel trademark services to [...]

December 30th, 2017|

Should I Hire an Attorney For My Trademark Renewal?

A trademark registration must be renewed periodically by filing documents to prove that you are still using the trademark to offer the goods and/or services listed in your trademark application.  The trademark renewal deadlines are as follows: 1st renewal due: between the 5th and 6th anniversary of your registration date 2nd renewal due: between the [...]

December 6th, 2017|

How to Prove “Commercial Use” For a Clothing Brand Trademark

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.

November 21st, 2017|

Trademark Ownership – Who Should Own Your Trademark?

While it may not seem obvious on the surface, the legal question of who owns a trademark registration is one of the crucial legal decisions made when registering and maintaining a trademark registration. It might seem obvious – “If I am the one who came up with the trademark, I am the owner.” However, like [...]

November 21st, 2017|

Thailand to Join the Madrid Protocol

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 [...]

October 9th, 2017|

Trademark Protection For a Band or Musician Name

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 [...]

September 7th, 2017|

College Football (and Trademark Enforcement) Season Has Arrived

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 [...]

August 24th, 2017|