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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.

USPTO Refuses Augusta National’s Trademark Filing for a Green Jacket

  Augusta National filed a trademark application in February 2019 for an actual green jacket. Despite already owning trademark registrations on the phrase “green jacket,” Augusta National had not yet applied for the actual jacket itself. When making a trademark filing on a trade dress such as this, you need to submit a [...]

April 18th, 2019|

When and Why You May Need to Hire a U.S. Trademark Attorney

A registered trademark is a valuable asset to any business. While registering a trademark may seem fairly simple, the process is actually quite detailed and requires many legal decisions along the way. Choosing to take on this task alone can lead to unnecessary errors, costly re-filings, and even rejection. Whether you are just beginning to [...]

April 12th, 2019|

5 Steps to Protecting Your Trademark Internationally

The protections you receive as a U.S. trademark owner are a valuable asset to your business. However, it is important to know that those protections only apply to trademark disputes within the United States. Whether your retail store reaches customers in Europe or you plan to manufacture products in Asia, it is time to consider [...]

April 9th, 2019|

Tips on Fighting a Bad Faith Trademark Registration in China

In today’s global economy, it is smart to consider trademark registration in China.  Whether you plan to manufacture your product in Beijing or you already reach customers in Shanghai, it is important to begin the process as soon as possible.  Bad faith trademark registrations are on the rise in China, and the best way to [...]

April 2nd, 2019|

How the NCAA Obtained the March Madness Trademark

   The story of how the NCAA obtained the “March Madness” trademark spans more than half a century. Back in the early 1940s, the Illinois State High School Association coined the phrase “March Madness” for its state-wide basketball tournament. This association used the phrase undisturbed for nearly 40 years, until 1982, when Brent Musburger [...]

April 1st, 2019|

How to Prove Commercial Use of Your Product or Service

What does proof of commercial use mean in the context of a trademark application? We get this question all the time. We often file trademarks for businesses that aren’t up and running based on an intent to use a trademark. The benefit of filing it on that intent to use, is that the priority date [...]

March 29th, 2019|

How Much Does it Cost to Register a Trademark in the U.K.?

If you’ve recently registered your U.S. trademark, you may be wondering how to extend your trademark protections overseas.  A trademark registered in the United Kingdom provides trademark rights and protections in England, Scotland, Wales, and Northern Ireland.  Whether your online retail shop has customers in Glasgow, or you plan to open a brick and mortar [...]

March 19th, 2019|

Our Analysis of Penn State’s Happy Valley Trademark Refusal

  Penn State University’s trademark application on ‘Happy Valley’ was initially refused on March 11, 2019 by the trademark office. The office action, USPTO code for refusing an application initially, was given for two main reasons. 1. The trademark office found the trademark to be geographically descriptive. As ‘Happy Valley’ is a commonly [...]

March 15th, 2019|

How to Identify Your Company’s Trademarks

The vast majority of questions our firm gets are about protecting business names, logos, and slogans with federal trademark filings. These are a great place to start, but there are many other things a business may want to protect. Is your business protecting the names of product and service lines? Two of the most common [...]

March 13th, 2019|