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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.

A Comprehensive Guide to Starting a Law Firm

In 2008, I decided to leave my job as an attorney at a firm and start my own law practice. I went from having no clients in the midst of a recession to now having thousands of clients and a dozen employees. But it wasn’t easy. I had to pu[...]

What Booking.com Means for Trademark Owners

The U.S. Supreme Court held that the addition of “.COM” to a generic word could function as a protectable trademark, despite the generic word being incapable of acting as a protectable trademark. While this decision opens the door for brands like BOOKING.COM to potentially qualify for trademark protection, proving those rights could be incredibly difficult […]

How to File a Domain Name Dispute

The protections that trademarks supply to the owner’s business and brand are extremely advantageous. They have become even more valuable in a marketplace that is increasingly present online, removing regional and industry boundaries that may have previously been in place. Additionally, companies that take part in this virtual exchange use their websites as platforms to […]

Gym Owners: Things to Consider as You Change Your Name and Build Your Own Brand

Licensing a brand from another company can be a great way to show affiliation and benefit from the recognition that the existing brand already has. When a business enters into a licensing agreement with a major company, they are allying themselves with not just the brand, but its reputation and goodwill as well. What happens when the brand you license no longer reflects your company’s values?

Be a Good Corporate Citizen During the COVID-19 Pandemic

Brand reputations will be built and destroyed based on how companies handle coronavirus responses. Many large public companies have already made major gaffs that will likely come back to haunt them. For example: Disney furloughed many of its low wage employees, yet it continues to pay executives. This led a Disney heir to go on […]

Monro Inc. Tells Landlords It Won’t Pay Rent

Monro, Inc. has sent a letter to its Landlords indicating that it will not pay rent for a 6 month period beginning May 1, 2020. In the letter, sent to Landlords on April 17th, Monro states “We consider our Landlords our partners and over our 63 year history we have created and fostered hundreds of […]

An Overview of Common Law Trademark Rights

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 […]

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 […]