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 […]
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.
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 […]
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How a Federal Trademark Registration Protects Your Dietary Supplement Brand
A federal trademark registration provides valuable protections for your dietary supplement brand. You will have the presumption of nationwide protection for your trademark. You also will be able to more easily take down infringing listings on online marketplaces, such as Amazon. Your registered trademark can also be a springboard to international trademark registration. You’ve worked […]
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 […]
Starting August 3rd, 2019, Foreign Trademark Applicants Must Hire U.S. Attorneys
Effective August 3rd, 2019, the USPTO will require foreign applicants, registrants, or parties to a trademark proceeding to be represented by a U.S. attorney.
How to Use the Canadian Trademark Database
Obtaining an international trademark is an effective way to protect your brand. If your international trademark strategy includes Canada, be sure to conduct a search on the Canadian trademark database before you file your application. The Canadian Intellectual Property Office, or CIPO, provides a detailed tutorial on their website. Read below to learn about the […]
How to Register a Trademark Internationally
One of the biggest questions we get from clients is, “How do I register my trademark internationally?” Contrary to popular belief, there isn’t a single way to register your trademark in every country around the world. Each individual country is its own sovereign and requires its own trademark application. So, regardless of how you […]
Why Are Trademark Searches Critical to New Brands?
As a new brand seeking to establish itself as a reputable source of products and sources, a trademark registration is an excellent way to provide a greater sense of authenticity and legitimacy for the brand, as well as produce a barrier of legal protection for the brand you have worked so hard to build. Prior […]
How to Ensure a Trademark License is Done Properly
When you registered your trademark with the USPTO, you may not have considered one day allowing others to use it. Now, as your business expands and your brand is becoming more recognizable, it may be time to consider licensing your trademark. Trademark licensing is an agreement in which a registered trademark owner, the licensor, grants […]