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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 Report Trademark Infringement

It happens–one day you are surfing the Internet, searching your company and your products, and you stumble across someone using a very similar name or logo that is very close to yours, trying to profit off of the goodwill of your brand. What is the first thing you should do? The first rule of dealing […]

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 Revive a Dead Trademark

If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. In order to file the petition, you must show that the abandonment was unintentional, and you must submit the petition within 60 days of the Notice of Abandonment (learn how to respond to […]

Who Should Sign a Trademark Application?

Finding the proper person to sign a trademark application is more complicated than it seems. In fact, it’s something that attorneys get wrong all the time. Here are the two most common scenarios for selecting a proper signatory for your application. 1. If filing a trademark as a Corporation or LLC If you’re filing a […]

5 Steps to Register a U.S. Trademark as a European Union (EU) Based Business

A United States trademark registration provides valuable protections to businesses wishing to do business in the U.S.  These are the 5 steps to registering a U.S. trademark as a European Union based business: File your trademark application in the European Union first. Engage an experienced U.S. trademark attorney. Conduct a comprehensive search of your mark. […]

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 […]

How to Describe Goods and Services in a Trademark Application

One of the most critical questions in a trademark application is, “What are the goods and services associated with your trademark that you would like to protect?” This question is so critical because it sets the rights and scope for your trademark protection. United States trademark law protects your trademark as it relates to the […]

4 Steps to Register a United States Trademark as a U.K. Business

The 4 Steps Needed to register a U.S. trademark as a U.K.-based business: File in the United Kingdom first Hire a U.S.-based trademark attorney File your trademark application (either through the USPTO or the Madrid Protocol) Meet USPTO deadlines 1. File in the United Kingdom First Before you begin the process to register your trademark […]

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 Patent a Product

Steps to patent a product provided by a patent attorney: Hire an experienced patent attorney. Determine whether you should consider a design patent, a utility patent, or both. Work with your patent attorney to conduct a patentability search. File your application with the USPTO. Respond to Office Actions by set deadlines. Hire an Experienced Patent […]

When to Start the Trademark Registration Process

When should you start the trademark registration process for your company, brand, or service name? The answer is, as soon as humanly possible. The number one mistake that I have seen clients make over the 11 years that I’ve run my practice is falling in love with a name and having no ability to change […]