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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 Rule Change Subjects Trademark Applicants to Unwanted Emails

The United States Patent and Trademark Office (USPTO) recently revised a rule that now requires trademark applicants to include an email address in their trademark application, even if they're represented by an attorney. This is a massive departure from the original rule in which a law firm could provide their own email address, rather than [...]

March 3rd, 2020|

Foot Locker Files Trademarks for ‘WOOLWORTH’

Foot Locker has filed two new trademarks applications for ‘WOOLWORTH.’ The applications, filed on February 10th, indicate that Foot Locker has an intent to launch a Woolworth retail store as well as Woolworth brand of clothing, footwear and headwear. Both of these applications were filed on an intent to use basis, meaning that Foot Locker [...]

February 20th, 2020|

Shawn Carter Files New Trademarks for JAY Z

Shawn Carter has filed two new trademark applications for his professional name, JAY Z. While Carter already owns the JAY Z trademark registration in relation to entertainment services and musical recordings, the applications filed on February 13 cover a wide range of products. The trademark applications indicate that Carter has an intent to sell JAY [...]

February 18th, 2020|

Brexit: Impact on EU Trademark Filings and Registrations

As Brexit is now in effect, you may be wondering about the implications this transition may have on your trademark registration. Current EU trademark owners will comply with existing EU trademark law until December 31, 2020. After that, the registrations will automatically be transferred to the United Kingdom trademark register. Applications still pending with the [...]

February 14th, 2020|

How to Revive a Dead Trademark

If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. In order to file the petition, you must show that the abandonment was unintentional, and you must submit the petition within 60 days of the Notice of Abandonment (learn how to respond to [...]

February 11th, 2020|

Can You File a Trademark on Your Own?

Question: Can you file your own trademark application? Answer: Yes, you can file a trademark application on your own. However, there are a number of good reasons you should hire a trademark attorney to assist you with the registration. Mainly, there is a huge difference in the success of applications that are filed with attorneys [...]

February 6th, 2020|

USPTO Refuses Fox Media’s “OK BOOMER” Trademark Application

Fox Media’s trademark application for “OK BOOMER” was refused by the USPTO on February 4th. In issuing the refusal, the USPTO examiner found that “OK BOOMER” was a widely used and common place message. The rule that was applied by the examiner, 1202.04(b), essentially states that you cannot register a meme or a popular phrase [...]

February 5th, 2020|

Overview of Trademark Filing Fees

Each trademark registration is different, based on the type of application filed and the number of international classes included.  However, basic filing fees are as follows: TEAS Plus application--$225 per class TEAS RF application--$275 per class TEAS Regular application--$400 per class Read on to learn more about these applications and additional fees associated with filing [...]

February 4th, 2020|

Little League Baseball Files Trademark for New Logo

Little League Baseball has filed a trademark application for a new logo. Submitted on January 27, the application was filed on an intent-to-use basis, meaning that Little League Baseball signed a sworn statement that the league intends to use the logo in association with all the goods and services they listed. This includes goods such [...]

January 31st, 2020|

When Should I Trademark My Business Name?

Question: When should you trademark your business name? Answer: Immediately. A trademark application for a business name should be filed as soon as possible because the filing date of your federal trademark application becomes the federal priority date of your trademark. This means that if you file a trademark application on January 1, and somebody [...]

January 30th, 2020|

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

The 5 steps needed to register a United States trademark as a Canadian based business: File your trademark in Canada Engage an experienced trademark attorney based in the U.S. Conduct a comprehensive trademark search File your trademark application with the USPTO Properly maintain your U.S. trademark registration 1. Register First in Canada Before you start [...]

January 28th, 2020|

Tennessee Titans File Trademark Application for “TAKE EVERYTHING”

The Tennessee Titans filed a trademark application for “TAKE EVERYTHING” on January 17th. The “TAKE EVERYTHING” phrase has been featured in many of the Titan’s Hype videos this off-season and it is currently being used on some clothing in their online shop. The filing was made just two days before the AFC Championship Game, where [...]

January 24th, 2020|