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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.

3 Reasons to Trademark the Name of Your Construction Management Company

As cities across the U.S. either experience a continued boom or a period of strong, aggressive rebuilding, construction management has moved to the forefront as an industry. Experts in the field are taking hands-on experience to developers, contractors, and other builders to maximize efficiency, quality, and opportunity in the structures they are building. Owners of [...]

July 20th, 2015|

SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB

So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting - if multiple [...]

July 20th, 2015|

Handling Trademark Infringement Claims on Facebook

Facebook Pages form the backbone of one of the most important social media strategies your business can pursue. Pages are Facebook’s name for dedicated business presences on their site - a place where you can provide company details, information, offers, and more, all in the interest of forming a greater connection with your customers and [...]

July 11th, 2015|

How to Trademark Your Financial Services Business Name

The number of people nearing retirement is growing every year, and the younger generation is more interested than ever in long-term financial security. Both segments of the population present a broad need and opportunity for financial services and advisors, which has created a boom in that industry. No longer the realm of large firms and [...]

July 5th, 2015|

Trademark Applicants Who Appeal to District Court Must Pay USPTO Attorney Costs, Fourth Circuit holds in Shammas v. Focarino

There are multiple avenues for an applicant to appeal a Trademark Trial and Appeal decision, but the Fourth Circuit held that applicants who choose to appeal to a District Court must pay the United States Patent and Trademark Office’s attorney’s fees and related expenses. On April 23, 2015, the United States Court of Appeals for [...]

July 3rd, 2015|

What Do Athletes Need to Know About Registering A Trademark?

The world of sports is full of opportunities for trademarks: catchphrases, nicknames, slogans, and so on. Each of these types of words or phrases can become embedded in the consciousness of sports fans, making them prime candidates for merchandising. Those opportunities may bring with them groups of individuals or businesses who wish to try and [...]

June 2nd, 2015|

How to Respond to A Trademark Infringement Notice on eBay

Selling products on eBay can be a very lucrative income source, in fact, many individuals have built entire businesses based around it. The realities of buying and selling online, however, mean that some individuals or businesses may attempt to sell counterfeit or otherwise falsified products bearing the name or logo or a company, even if [...]

May 24th, 2015|

4 Reasons to Register Your Trademark Internationally

One of the most challenging aspects of protecting a trademark in the world today is protecting the trademark internationally. Because there is not a simple way to 'globally' register a trademark in every country, a trademark owner must register its trademark rights in each and every individual country where it seeks protection. The following four [...]

May 17th, 2015|

Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising

Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a [...]

May 3rd, 2015|

REDBULL files opposition to REDEW mark claiming right to RED for beverages: New & Noteworthy TTAB Filings

New & Noteworthy TTAB Filings: The Late March to Early April Omnibus Edition This edition of New & Noteworthy features highlights from the past month of Trademark Trial & Appeal Board filings. Featured is an ongoing segment on brand owners who believe that their marks meet the high bar of being a “famous” marks for purposes [...]

May 2nd, 2015|