A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used–even though they have never been federally registered–can all be considered common law trademarks. The rights associated with common law trademarks are regionally limited and not as easily enforced […]
Gerben Law Firm's Trademark Blog
This trademark blog and informational section of the website is meant to provide you with answers to commonly asked questions about trademark searching, filing, and registration.
The Trademark Registration Process for Businesses Based in Philadelphia
There are several motivations behind applying for a federal trademark registration–legal objectives, practical reasons, and national deterrence are all primary considerations when filing for a trademark. As a Philly-based business, you are a competitor in the epicenter of one of the East Coast’s largest cities, and investing in a trademark can be one of the […]
How to Perform a Patent Search
A patent search is often recommended in an effort to find potential prior art (e.g., any patents or patent applications) that may impact the patentability of your invention. In many cases, the search process is rather detailed and time-consuming, and thus, working with an experienced patent attorney is encouraged. In general, the United States Patent […]
Can I File My Own Trademark Application?
Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application. However, just because you can doesn’t mean you should–while the lack of initial legal fees may be appealing, filing an application without the assistance of a trademark attorney often […]
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 […]
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 […]
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. […]
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 […]
What are the Economic Benefits of a Registered Trademark?
Trademarks offer not only legal benefits, but economic benefits as well. The following are economic benefits of trademark registration: A registered trademark protects your investment from infringement. A registered trademark is needed for growth and expansion beyond your region. A registered trademark is a valuable asset that can increase in value over time. A registered […]
The Benefits of Intent-to-Use Trademark Filings
An intent-to-use trademark application is a trademark filing made before you actually have any sales of your products or services in the marketplace. There are a few scenarios in which this type of filing is more beneficial than a standard in-use application. Three Reasons Intent-To-Use Applications Are Beneficial There are three main reasons that filing […]
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 […]
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 […]