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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.

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?

A trademark registered in the U.S. will only protect you in trademark disputes that arise within the United States. The protections provided by a United States trademark will not apply to trademark issues outside the U.S. In order to receive trademark protections internationally, you must register your trademark in other countries. A U.S. Trademark does [...]

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|

The San Francisco 49ers File Trademark Application for “NINERS GANG”

The San Francisco 49ers have filed a trademark application for “NINERS GANG.” This filing especially interesting, because Bay Area legend E-40 recently dropped a new single called “Niner Gang” in support of the 49ers. Following the success of the song in the Bay Area, the 49ers quickly moved to federally protect the phrase with a [...]

November 18th, 2019|

Fox Media Files Trademark Application for “OK Boomer” TV Show

Fox Media, LLC has filed a trademark application for “OK Boomer.” The filing, made on November 11, suggests that Fox intends to offer a reality, comedy and/or game show called OK BOOMER. Fox filed the application on a Section 1(b) basis, meaning that the media giant has a bona fide intent to use this name [...]

November 18th, 2019|

Tim Tebow Files Trademark Application for New Logo

Tim Tebow’s company, XV Enterprises LLC, filed a trademark application for a new logo on November 11. The application reveals that the logo consists of two Ts separated by a cross and will be used in connection with a variety of goods and services. The offerings include jewelry, clothing, personal appearances by a sports celebrity, [...]

November 15th, 2019|

5 Common Trademark Mistakes

As a business owner, you understand the importance of protecting your brand.  That said, many businesses fail to take even the most basic steps to ensure a brand is receiving as much legal protection as possible.  Here are the most common trademark mistakes I see clients make time and time again: Not working with an [...]

November 15th, 2019|