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. […]
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.
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 […]
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 […]