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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.

How to Select a Strong Name for Your Business, Product, or Service

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 […]

The Los Angeles Rams Settle “LA RAMS” Trademark Dispute with LA Gear

LA Gear and the Los Angeles Rams have finally settled their years-long dispute over the “LA RAMS” trademark. Dating all the way back to January of 2017, the dispute began with LA Gear filing an opposition against the Los Angeles Rams’ trademark application for “LA RAMS,” claiming the shared acronym made the marks too similar. […]

Trademark Registration: DIY vs Hiring an Attorney

When it comes to registering your trademark, don’t be tempted by DIY legal sites that provide little guidance and assistance throughout the process. Work with an experienced trademark attorney to ensure your trademark application process runs smoothly and quickly. As you begin the process to register your trademark with the United States Patent and Trademark […]

How Large Law Firms Overcharge Trademark Clients

If you are an in-house counsel and you’re hiring outside counsel for trademark services, there’s an extremely high chance you’re overpaying for those services. There are two main ways that large law firms typically overcharge for trademark services. The first is during the trademark search process, and the second is when filing the application. 1. […]

Non-US Companies (and Citizens) Cannot File Trademarks Without a U.S. Attorney

On August 3rd, 2019, the United States Patent and Trademark Office implemented a rule requiring foreign companies and individuals domiciled outside of the United States to use a licensed U.S. attorney to file trademark applications, renewals, and almost any other document before the USPTO. This affects every company and individual outside of the U.S., but it can […]

What’s the Cost to Hire a Trademark Attorney?

Gerben Law Firm offers a quality trademark service at a reasonable flat rate.  For $950, plus a USPTO filing fee of $275 per class of goods/services, you will receive an entire packaging of registration services, including a comprehensive trademark search, attorney consultation time, trademark application preparation, and response to non-substantive Office Actions. Business owners often […]

The Danger of Free Trademark Search Software

We often get phone calls from prospective clients that tell us they’ve already done a trademark search online and are just looking for help with their application. As someone who has done thousands of trademark searches, has experimented with various online search softwares, and has paid artificial intelligence software companies to test their programs, the […]

Apple Airpods’ Trademark Application Denied by USPTO

Clients are often surprised by the various types of things that can be protected under trademark law. From color combinations to product names, there are many different things that can be protected with a trademark. Here is an interesting filing that shows the depth and limits of trademark protection, specifically when it comes to the […]

How to File a Patent Application for a New Product or Invention

For many inventors, a patent is one of the most worthwhile investments one can make—the patent laws ensure that anyone who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor.” Without a patent, an opposing or competing party […]

The XFL Files Trademarks for Five Potential Seattle Team Names

The XFL has made new trademark filings on potential team names for the new Seattle team that’s going to be part of the relaunch of the XFL. There are filings for Seattle Wild, Seattle Force, Seattle Fury, Seattle Dragons, and Seattle Surge. So, overall, the XFL has filed for five trademarks, which all contain the […]