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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.

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 […]

What Do Trademark Attorneys Do?

Trademark attorneys typically do five things: Identify your company’s trademarks. Conduct proper trademark searches. Develop a legal filing strategy for your company’s trademarks. Draft trademark applications. Respond to USPTO Office Actions. In today’s world, you have a lot of internet-based companies that claim they can file your trademark for $69, so why should you hire […]

Our Trademark Pricing and Process

The trademark application process can be lengthy and complicated. Hiring an attorney to handle the search, filing, and monitoring of your application not only increases the chance of successfully acquiring registration of your trademark, but it also frees up a significant amount of time for you to focus on growing your business. With over eleven […]

What Can a Trademark Attorney do for Your Business?

If you are a business owner looking to protect your brand, consider working with an experienced trademark attorney.  Your attorney will conduct a comprehensive trademark search and also file your application with the USPTO and respond to Office Actions on your behalf.  Once your trademark is registered, your attorney can monitor its use and work […]

Kawhi Leonard Files Trademark for WHAT IT DO BABY

Kawhi Leonard’s company, Kawhi Leonard LLC, filed two trademark applications with the USPTO on October 23, 2019. The first application was filed for a brand clothing with the trademark “WHAT IT DO BABY.” This phrase happens to be a meme from a viral Instagram post Kawhi made over the summer. The trademark filing suggests that […]

Who Should Own a Trademark?

The very first question on any trademark application is who will the owner of the trademark be? This is an incredibly important question to get correct, because if you answer it incorrectly, the resulting registration can be completely void and worthless. Who can own a federal trademark registration in the United States? There are various […]

Recent USPTO Rule Change No Longer Allows PO Boxes for Applicant Addresses

A recent USPTO policy change states that trademark applicants are no longer allowed to use PO boxes as the address of record in a trademark application and must now use a street address. This change arguably creates a problem for a lot of home-based businesses that would rather not list their home address in their […]

How to Copyright Your Website

If you are a business owner or blogger seeking protection for your website, you should begin the process to copyright your site by registering with the U.S. Copyright Office.  Here are the 5 steps to copyright a website: Determine the ownership of the website’s content. Determine what can be copyrighted. Work with an experienced copyright […]

Why Foreign Companies Should Register a Trademark in the U.S.

If you are a foreign business owner looking to tap into the large consumer market in the United States, begin by first registering your trademark with the USPTO.  It is important to file your trademark application in the U.S. as soon as possible to prevent others from registering a similar mark.  If you already have […]

How to Select a Strong Brand Name

When it comes to selecting a name for a brand, product, or service, trademark attorneys often take a different approach than most marketers. Our main consideration is whether or not a name is unique enough to be protected with a federal trademark registration. However, finding a name that aligns with your brand, while still being […]

USPTO Refuses Ohio State’s “THE” Trademark

Back on August 8 of this year, The Ohio State University filed a trademark application for the word “THE,” claiming the mark was being used for a brand of clothing. Now, the USPTO has issued an initial refusal of the University’s application, citing two main issues with filing. First, the USPTO found that a prior […]

Do I Need an Attorney to Register a U.S. Trademark?

As of August 3rd, 2019, the USPTO will now require foreign trademark registrants to hire a U.S. trademark attorney to file their applications. Though it is highly recommended, United States citizens, permanent residents, and those filing through the Madrid Protocol are not required to work with a trademark attorney at this time. As you prepare […]