Articles by Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 8,000 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

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By Industry Type, How To's, Industries, Toy Brands

How to Trademark the Name of a Toy

Bringing a new toy product to market requires a great deal of development and research – not to mention quite a bit of creativity. You’re identifying a need in the market, deciding what kind of toy you’d like to produce, designing it for manufacture, and either licensing it or overseeing production yourself. One key component not to overlook: naming the toy. […]

The Basics

Am I Required By Law to Register My Trademark?

The federal law in the United States which governs trademarks (known as the Lanham Act) has rather stringent legal rules regarding trademarks: how they’re used, how they’re monitored, how they’re protected. One stipulation that the law does not have, however, is a strict requirement to register your trademark with the United States Patent and Trademark Office (the “USPTO”). You are entitled […]

Beer, Wine & Spirits, By Industry Type, How To's, Industries

3 Steps to Trademark Your Wine’s Name and Logo

If you are starting a new brand of wine, whether you’re in a historic wine region or one of the many newer up-and-coming areas, it means that you’re becoming part of a long tradition of the craft of winemaking. With wine drinkers always on the hunt for the next great sip, anyone has a chance of becoming successful with such a […]

The Basics, Trademark Search

Should I Conduct A Trademark Search Before Using My Trademark?

Although a trademark search is one of the earliest and most basic considerations in using and registering a trademark, it’s also one of the most often overlooked. The excitement of developing a new product or service and coming up with a name, logo and/or tagline, combined with the extra time and legwork required in conducting a trademark search, leads some people […]

International, Madrid Protocol

The Advantages and Disadvantages of Using the Madrid Protocol (Foreign Companies Filing in U.S.)

If you are a company outside of the US doing international business, you’ve probably come across the Madrid Protocol as an option for filing trademarks for protection in a number of countries including the United States.  A common question that may arise as you seek out trademarks is whether a foreign business should use the Madrid Protocol to file a US […]

The Basics

What Are the Benefits of A Federal Trademark Registration?

Filing a trademark application with the United States Patent & Trademark Office is an important step that companies can take in protecting their brand and their business. A federally registered trademark confers benefits that give the trademark owner several distinct advantages in using and defending it. Before getting into those benefits and advantages, let’s take a quick look at some […]

The Basics

How Long Does It Take to Register A Trademark?

It used to take just about 8 months to register a trademark in the United States. However, starting in about 2020, the USPTO saw an influx in trademark applications. Now it takes between 15-18 months to register a trademark. Since it takes a long time to register a trademark, you will want to get started on the registration process as […]

The Basics

How Much Does It Cost to Register a Trademark?

Is it expensive to register a trademark? This is a common question I hear from many folks who are deciding whether or not to pursue trademark protection. The good news is that obtaining a trademark registration is affordable for almost any size of business. The exact cost to file a trademark application The single most frequently asked question that our […]

By Industry Type, How To's, Industries, Technology

5 Steps To Trademark An App

It seems like you hear about a new one every other day: a software application, or app, that’s hit it big as the next new craze, whether it’s a game, a productivity enhancer, or something else entirely. There’s lots of room for success in developing an app – even if you intend to make it available for free. Some of […]

Apparel & Accessories, By Industry Type, How To's, Industries

5 Steps to Trademark a Jewelry Brand

Trademarking your jewelry brand is an important consideration when you set out in that industry. As anyone who’s ever wondered whether a ring or a necklace was the genuine artifact knows, there’s a lot of competition in the jewelry world to stand out as a desirable brand – whether that means high-end, trendy, cutting edge, or any number of other distinctive […]

How To's, The Basics

Your Complete Guide on How to Trademark a Logo

Your company logo is one of the most valuable assets of your enterprise. It communicates your brand identity and carries your company’s personality and values. Given the importance of your company logo, you should protect it by registering it as a trademark. The best possible protection for your logo is offered by a federal trademark registration with the USPTO. It […]

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