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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.

Can You Purchase a Trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate. That said, there are very specific requirements for purchasing a trademark and acquiring a proper chain of title. If you [...]

January 23rd, 2020|

The Main Types of Intellectual Property

There are three main types of intellectual property: A trademark is anything that represents a brand. Words, logos, and slogans are common trademarks. A copyright protects works of authorship, including novels, poetry, art, and music. A patent protects aspects of an invention, which can include both functionality and design. 1. Trademarks So what is a [...]

January 22nd, 2020|

Lamar Jackson Files Trademark for “YOU ARE GOING TO GET A BOWL OUT OF ME, BELIEVE THAT!”

Baltimore Ravens quarterback, Lamar Jackson, has filed a trademark for "YOU ARE GOING TO GET A BOWL OUT OF ME, BELIEVE THAT!" The application was filed on January 16th, just five days after the Ravens lost to the Titans in the divisional round of the playoffs. The phrase originates from the day Jackson was drafted [...]

January 21st, 2020|

Average Time-frame for Trademark Proceedings in China

Understanding the general timeline for trademark registration in China is an important part of developing your international trademark plan. The average timeframe for basic trademark proceedings is: Basic application – 6-9 months Oppositions – 12-18 months Renewals – 1 month One of the most critical steps to registration in China is to start the process [...]

January 14th, 2020|

Who Should Sign a Trademark Application?

Finding the proper person to sign a trademark application is more complicated than it seems. In fact, it's something that attorneys get wrong all the time. Here are the two most common scenarios for selecting a proper signatory for your application. 1. If filing a trademark as a Corporation or LLC If you're filing a [...]

January 10th, 2020|

An Overview of Kirk Cousins’ Trademark Application for “YOU VIKE THAT!”

Following the Minnesota Vikings'  trademark application for “GO GET IT,” many people have been wondering if Kirk Cousins owns a trademark for “You Vike That.” Kirk filed an application for the phrase on March 20, 2018, but the registration is still pending with the USPTO. The application has gone through the examination process and it [...]

January 7th, 2020|

Trademark Scams You Will Receive in the Mail

Please be aware that after you file a trademark application or receive your registration, you are likely going to receive mail from less than scrupulous companies claiming that you have something due on your trademark. These letters look relatively official and indicate that you must pay a fee in order to have a renewal processed. [...]

January 6th, 2020|

Jimmy Garoppolo Files Trademark for “FEELS GREAT BABY”

Jimmy Garoppolo's agents, Yee and Dubin Sports, have filed six trademark applications for "FEELS GREAT BABY" and "IT FEELS GREAT BABY." The slogan comes from week 8 of the NFL season when, after a win that set the 49ers up with an 8-0 record, Erin Andrews asked Jimmy Garopollo how it felt to be 8-0. [...]

January 3rd, 2020|

What is a Dead Trademark?

Question: What is a dead trademark? Answer: In the USPTO’s trademark database, records listed as “DEAD” no longer have any federal trademark registration rights. Here are the three most common reasons that trademark filings become dead: 1. The initial trademark application never matured to registration. When a trademark application does not mature to registration, whether [...]

January 2nd, 2020|

5 Steps to Register a U.S. Trademark as a European Union (EU) Based Business

A United States trademark registration provides valuable protections to businesses wishing to do business in the U.S.  These are the 5 steps to registering a U.S. trademark as a European Union based business: File your trademark application in the European Union first. Engage an experienced U.S. trademark attorney. Conduct a comprehensive search of your mark. [...]

December 31st, 2019|

What Can and Cannot be Trademarked?

A trademark is something that represents your brand in the marketplace.  Typically, business or product names, logos, or slogans are registered as trademarks.  Items such as distinct product packaging, colors and sounds may also obtain trademark protection.  The USPTO will not grant registration for generic or descriptive terms or anything that may be confusingly similar [...]

December 31st, 2019|

Terrell Owens Files Trademark Application for “GOATNESS”

Prototype81, a company owned by Terrell Owens, has filed a new trademark application for “GOATNESS.” Owens is a listed as a 51% owner of the LLC on Operating Agreements that have been provided in prior USPTO filings. The application, submitted to the USPTO on December 14th, was filed on "intent to use" basis.  This means [...]

December 30th, 2019|