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Home/Josh Gerben, Esq.

About Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. 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 4,000 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

Puma Files Trademark Application for “PUMA TOKYO 2021”

On March 24, Puma filed the first Tokyo 2021 trademark application for "PUMA TOKYO 2021." The application was filed on a 1(b) basis, meaning that Puma signed a sworn declaration indicating that the company has a bona fide intent to use the mark in association with the goods and services identified in the trademark filing. [...]

March 30th, 2020|

An Overview of Common Law Trademark Rights

A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used--even though they have never been federally registered--can all be considered common law trademarks. The rights associated with common law trademarks are regionally limited and not as easily enforced [...]

March 25th, 2020|

Tom Brady’s Agents File Trademark Application for “TB X TB”

Tom Brady’s agents, Yee & Dubin Sports, have filed a new trademark application for “TB X TB.” The application was filed on March 20 on a 1(b) basis, indicating an intent to use the "TB X TB" mark in association with a brand of clothing. One thing to note is that the Tampa Bay Buccaneers [...]

March 25th, 2020|

The Trademark Registration Process for Businesses Based in Philadelphia

There are several motivations behind applying for a federal trademark registration--legal objectives, practical reasons, and national deterrence are all primary considerations when filing for a trademark. As a Philly-based business, you are a competitor in the epicenter of one of the East Coast’s largest cities, and investing in a trademark can be one of the [...]

March 25th, 2020|

Uplifting Coronavirus Trademark Filings

The USPTO has seen a surge in coronavirus and COVID-19 trademark filings recently. Of the dozen new applications, the majority are optimistic and uplifting. Filed by different parties, the trademarks include: I SURVIVED CORONAVIRUS I SURVIVED CORONAVIRUS 2020 I SURVIVED THE CORONAVIRUS 2020 I SURVIVED THE CORONAVIRUS 2020 I BEAT THE CORONAVIRUS CORONAVIRUS SURVIVOR I [...]

March 18th, 2020|

UPS Files Trademark for “UPS HEALTHCARE”

UPS has filed a new trademark application for UPS HEALTHCARE. The application, filed with the USPTO on March 11, 2020, indicates that UPS intends to use the UPS HEALTHCARE trademark in association with the services listed in the application. This includes: Management consulting in the healthcare, pharmaceutical, and medical industries relating to product distribution, operations [...]

March 16th, 2020|

Three New Trademarks Filed for COVID-19

Three new trademarks applications were filed by an individual in California for “TOGETHER WE SURVIVED COVID-19,” “WE CURED COVID-19,” and “I SURVIVED COVID-19.” These filings were made on March 9, 2020 and filed on a 1(b) intent-to-use basis. This means that this individual plans to use the three trademarks in association with the goods and [...]

March 13th, 2020|

How Long Does it Take U.K.-Based Companies to Register a U.S. Trademark?

As a company domiciled in the United Kingdom looking to file an American trademark application, there are 2 options: You can file a trademark application through an international trademark system called the Madrid Protocol. You can hire an American trademark attorney to represent you and file the application on your behalf. There are advantages and [...]

March 12th, 2020|

Paris Hilton Files 9 Trademarks for “SLIVING”

Paris Hilton filed nine new trademark applications for “SLIVING".  The filings were all made on March 5th. The term, invented by Hilton in 2019, is combination of ‘slaying’ and ‘living’. Hilton filed the applications on an intent-to-use basis, meaning that she plans to sell all the goods and services listed in her applications under the [...]

March 11th, 2020|

Little League Baseball Files New Trademark for “LIVE YOUR SERIES”

Little League Baseball has filed a new trademark application for “LIVE YOUR SERIES.” The application, filed with the United States Patent and Trademark Office (USPTO) on February 25, was filed on an intent-to-use basis. This suggests that Little League Baseball plans to use the phrase in association with things like clothing, cloth patches, and baseball [...]

March 6th, 2020|

Can I File My Own Trademark Application?

Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application. However, just because you can doesn’t mean you should--while the lack of initial legal fees may be appealing, filing an application without the assistance of a trademark attorney often [...]

March 5th, 2020|

Dunkin’ Files New Trademarks for “IT’S TIME TO MAKE THE COFFEE”

Dunkin’, formerly known as Dunkin’ Donuts, has filed two new trademark applications for “IT’S TIME TO MAKE THE COFFEE” on February 20. The phrase originates from Dunkin’s wildly successful marketing campaign back in the ‘80s and ‘90s for “it’s time to make the donuts.” The campaign, featuring Fred the Baker, lasted for fifteen years until [...]

March 3rd, 2020|