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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.

How Large Law Firms Overcharge Trademark Clients

If you are an in-house counsel and you're hiring outside counsel for trademark services, there's an extremely high chance you're overpaying for those services. There are two main ways that large law firms typically overcharge for trademark services. The first is during the trademark search process, and the second is when filing the application. 1. [...]

August 20th, 2019|

5 Steps to Register Your Trademark in Canada

Steps to Register a Trademark in Canada: Choose a strong mark Hire a trademark attorney Complete a comprehensive trademark search File your application Respond to CIPO requests Many US trademark owners see the benefit of Canadian trademark registration.  With its close proximity and millions of potential customers, it may make sense to begin your international [...]

August 20th, 2019|

Phillies File Lawsuit Over Ownership Rights to Phanatic Costume

The Philadelphia Phillies have recently filed a lawsuit against the design firm that created the Phanatic, Harrison/Erickson, over ownership rights to the Phanatic costume. Following decades of negotiation and agreements, the Phillies claim that Harrison/Erickson has now demanded millions of more dollars for the continued rights to use the Phanatic. A Brief History of the [...]

August 16th, 2019|

Ohio State University Files Trademark for “THE”

On August 8, The Ohio State University filed a trademark application for the single word "THE." 'The' Ohio State University's trademark filing claims it is currently using the trademark "THE" for a brand of clothing, namely t-shirts, baseball caps, and hats. To support the filing, the University submitted specimens that show a shirt [...]

August 16th, 2019|

What’s the Cost to Hire a Trademark Attorney?

Gerben Law Firm offers a quality trademark service at a reasonable flat rate.  For $950, plus a USPTO filing fee of $275 per class of goods/services, you will receive an entire packaging of registration services, including a comprehensive trademark search, attorney consultation time, trademark application preparation, and response to non-substantive Office Actions. Business owners often [...]

August 12th, 2019|

Understanding United Kingdom Trademark Law

A trademark registered in the United Kingdom has valuable legal protections in England, Wales, Scotland, and Northern Ireland. If you’ve recently registered your trademark in the U.S., you understand the benefits and rights a registered trademark provides.  These rights, however, only apply to trademark disputes within the United States.  To obtain legal protections for your [...]

August 6th, 2019|

Minkah Fitzpatrick Allows His Trademark Filing for ‘FitzMagic’ to Abandon

Back in Autumn of 2018, the FitzMagic craze was taking over the country. Ryan Fitzpatrick was lighting things up in Tampa, and at one point even came out to a press conference dressed in DeSean Jackson’s clothes. During all the excitement, a quarterback for the Miami Dolphins, Minkah Fitzpatrick, filed a trademark application [...]

August 1st, 2019|

The Danger of Free Trademark Search Software

We often get phone calls from prospective clients that tell us they’ve already done a trademark search online and are just looking for help with their application. As someone who has done thousands of trademark searches, has experimented with various online search softwares, and has paid artificial intelligence software companies to test their programs, the [...]

July 31st, 2019|

Top 5 Advantages of U.S. Trademark Registration

A U.S. trademark registration has many advantages, with the most important being that it protects against infringement. A federally registered trademark is also a valuable asset with nationwide validity. It can help customers find you amongst the competition, and it can be a springboard for international registration. As a business owner, you’ve likely invested much [...]

July 25th, 2019|

The Cost to Register a Trademark in Canada

As of June 2019, the cost to register a trademark in Canada has increased.  Registrants will now pay $330 for basic online trademark registrations, including one international class.  For each additional class of goods or services, the cost is $100.  For those filing through paper applications, a charge of $100 will be added. If you’ve [...]

July 18th, 2019|

4 Steps to Trademark the Name of Your Construction Company

There are four critical steps to trademark the name of your construction company.  First, take the time to choose a strong mark from the start.  Next, be sure similar trademarks don’t exist by conducting a comprehensive trademark search.  Then, file your trademark with the USPTO.  Once your trademark is registered, actively police its use and [...]

July 10th, 2019|

The XFL Files Trademarks for Five Potential Seattle Team Names

The XFL has made new trademark filings on potential team names for the new Seattle team that's going to be part of the relaunch of the XFL. There are filings for Seattle Wild, Seattle Force, Seattle Fury, Seattle Dragons, and Seattle Surge. So, overall, the XFL has filed for five trademarks, which all [...]

July 5th, 2019|