Government, In The News

Trademark Gridlock: Why the USPTO is Processing Trademarks at a Historically Slow Rate

A Gerben IP Exclusive Report As the USPTO has fallen behind on its trademark processing timeline goals, it has simply moved the goalpost to make it appear that it is hitting goals again. The USPTO is processing new trademark applications at a historically slow rate. At no time in the history of the United States has it taken longer for […]

Government, In The News

USPTO Proposes Increase to Trademark Fees

The United States Patent and Trademark Office recently released a new plan outlining its proposed changes to trademark filing fees.  The proposed plan includes an increase to many of the most common fees associated with trademarks. If approved, the plan can be expected to raise fees by November 2024.  What fees are being raised? While fees are being raised across […]

Government, How To's, In The News, The Basics, Trademark Filing, Trademark Filing

USPTO Announces New 3-Month Deadline to Respond to Trademark Office Actions

The USPTO has recently announced that starting on December 3, 2022, trademark applicants will now only have 3-months to respond to an Office action. This is now half the time of the current 6-month period. This now creates an urgency among trademark applicants to respond quicker to Office actions, as they only have a few months to respond (as opposed to […]

Government, In The News

USPTO ‘Oversight’ Discloses 21,000+ Email Addresses

I have a “heads up” for anyone that has filed a trademark application recently: In a completely unforced error, the United States Patent & Trademark Office may have just exposed your email address to scammers. If you receive an email related to your trademark (that is not from the attorney who filed your application), be very suspicious of it and forward […]

Government, In The News, The Basics, Trademark Protection

The USPTO Trademarks Its Name and Logo

The USPTO has been in existence (in some form) since 1802 and it is only now getting around to registering its own trademarks. So why has the USPTO decided to protect their marks this late in the game? Trademark Scammers are Becoming More Sophisticated As we previously reported in this blog post, trademark scammers are popping up everywhere and they’ve […]

General, Government, In The News

The Proposed 2023 SHOP-SAFE ACT Provides Framework for Holding Online Marketplaces Accountable

E-commerce platforms like Amazon and Walmart provide consumers with fast access to millions of products, sometimes within days or hours of ordering. However, despite what many consumers might believe, Amazon and Walmart do not sell most of the items being sold on their respective websites. Instead, third-party sellers use Amazon and Walmart’s programs (such as “Fulfilled by Amazon”) to store […]

Government, In The News

Trademark Modernization Act of 2020: How Proposed Legislation Could Clear the Way for Your Trademark

The U.S. House and Senate recently introduced the “Trademark Modernization Act of 2020” proposing streamlined procedures for eliminated unused trademark registrations. Could the new proceedings help your business reduce the risks and costs of developing a new brand? Bad Registrations Increase Costs for Legitimate Businesses Deciding on a new trademark can be a difficult and excruciating process for a company. […]

General, Government, In The News

Supreme Court: Filing Bankruptcy Does Not Terminate a Trademark License

Licensing a trademark is one of several ways for a brand-owner to monetize its brand. Brand owners can enter into exclusive, or non-exclusive licensing deals with others to expand into new markets, develop new product lines, or embark on new collaborations. But what kind of risks do parties need to consider when entering into a licensing agreement? A recent ruling issued […]

Government, In The News

“I’m a Shithole, Mr. President!”: A New Era of Offensive Trademarks

TRADEMARK QUESTIONS? Gerben IP provides flat fee trademark registration services that include one-on-one client counseling with an experienced attorney. Contact Our Attorneys Update Since Original Post (Feb. 19, 2018): The USPTO filed a petition with the Federal Circuit to re-hear the In re Brunetti case en banc, meaning before the entire Federal Circuit (as opposed to a three-judge panel). Offensive trademarks will remain suspended pending the […]

Government, In The News

Breaking: Federal Circuit Holds Ban on Offensive Marks Unconstitutional

NEED TO REGISTER YOUR TRADEMARK? Gerben IP has registered over 6,500 trademarks since 2008. Contact our attorneys about our flat-fee trademark search and registration package. Contact Our Attorneys The Federal Circuit held today that the U.S. trademark law’s ban on offensive and derogatory marks is unconstitutional, following a similar decision by the Supreme Court earlier this year. Several months ago, […]

Government, In The News

Supreme Court: Ban on Disparaging Trademarks is Unconstitutional

In a decision that will have a huge impact on the United States trademark system, the Supreme Court held that the federal law (the Lanham Act) which allows the USPTO to refuse to register “disparaging” trademarks violated the First Amendment and was unconstitutional. Simon Tam, the front man for the Asian-American rock band “The Slants” filed a trademark application with the […]

Government, In The News

DUDES FOR DONALD? Trademark Filers Waste Filing Fees on Trump Trademarks

If you apply for a trademark that references a living president or a political candidate, prepare to be denied. Currently there are over 275 active trademark applications containing the word “TRUMP” and chances are, unless they were filed by Donald Trump or his family, then many of those applications will be denied. Why? Because the United States Patent and Trademark Office […]

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