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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.

The Cost to Register a Trademark in China

Obtaining a Chinese trademark registration is a critical part of doing business outside the U.S.  Valuable protection against counterfeiting and infringement can be gained for very little upfront cost.  Typically, the cost to register a trademark in China is $850 in legal fees for applications in one or two classes, and government fees are $50 [...]

December 10th, 2019|

What are the Economic Benefits of a Registered Trademark?

Trademarks offer not only legal benefits, but economic benefits as well.  The following are economic benefits of trademark registration: A registered trademark protects your investment from infringement. A registered trademark is needed for growth and expansion beyond your region. A registered trademark is a valuable asset that can increase in value over time. A registered [...]

December 4th, 2019|

The Benefits of Intent-to-Use Trademark Filings

An intent-to-use trademark application is a trademark filing made before you actually have any sales of your products or services in the marketplace. There are a few scenarios in which this type of filing is more beneficial than a standard in-use application. Three Reasons Intent-To-Use Applications Are Beneficial There are three main reasons that filing [...]

December 2nd, 2019|

5 Steps for Australian Businesses Registering a U.S. Trademark

The 5 steps needed to register a United States trademark as an Australian based business: File your trademark in Australia. Engage a US trademark attorney. Conduct a US trademark search. File your trademark with the USPTO. Properly maintain your US registration. File Your Trademark in Australia First If you haven’t already done so, begin the [...]

December 2nd, 2019|

What Is the Correct Filing Basis for Your Trademark?

What filing basis should you use in your trademark application? This is one of the most complicated and technical questions in any trademark application. First, you tell the government what trademark you'd like to register, then you answer the question about what goods and services you're going to be providing under the trademark. After that, [...]

November 29th, 2019|

Once I File My Trademark Application, Can I Add Additional Goods and Services Later On?

Question: Once I file my trademark application, can I add additional goods and services later on? Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application. A typical [...]

November 27th, 2019|

Is My U.S. Trademark Registration Protected Internationally?

Question: Is my United States trademark registration protected internationally? Answer: No. A trademark registration in the US only provides you rights in the United States and its territories. If you want trademark protection in any other country, you must file your trademarks on a country-by-country basis. The one exception to this rule is when registering [...]

November 27th, 2019|

Do I Need to Hire a Trademark Attorney Near Me?

Question: Do I need to hire a trademark attorney near me? Answer: No. You can hire a trademark attorney from anywhere in the United States to help with your United States trademark application. Unlike other areas of law, trademark law is federal in nature, meaning attorneys can assist clients in any state. At Gerben Law [...]

November 23rd, 2019|

Daniel Jones Files Trademark for “DANNY DIMES”

NFL quarterback Daniel Jones has filed a trademark application for his nickname “Danny Dimes.” The October 15th filing was made by Hermitage Company LLC and signed by Daniel Jones as the owner or member of the entity. Moreover, the trademark application lists the address of record as Daniel Jones's parents’ home address in Charlotte, North [...]

November 22nd, 2019|

Do I Need to File Multiple Trademark Applications for Different Versions of My Logo?

 Question: Do you need to file multiple trademark applications for different versions of your logo? Answer:  Typically, you do not need to file trademark applications for various different versions of your logo.  In most cases a single filing on the version of your logo used in the masthead of your website or the packaging [...]

November 20th, 2019|

Trademark vs. Copyright: What’s the Difference?

A trademark represents your brand or product.  Names, logos, and slogans are common trademarks.  A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.  To ensure intellectual property is protected, work with your attorney to obtain a federal registration. What is a Trademark? A trademark is anything [...]

November 20th, 2019|

What Trademark Rights Do I Have While My Application Is Pending with the USPTO?

Question: What trademark rights do I have while my trademark application is pending with the USPTO? Answer: The rights in a pending trademark application are very limited.  You do not have the rights of a federal trademark registration until the USPTO reviews and approves your application. While your application will certainly hold your place in [...]

November 19th, 2019|