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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.

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 […]

4 Steps to Trademark the Name of Your Construction Company

There are four critical steps to trademark the name of your construction company.  First, take the time to choose a strong mark from the start.  Next, be sure similar trademarks don’t exist by conducting a comprehensive trademark search.  Then, file your trademark with the USPTO.  Once your trademark is registered, actively police its use and […]

How Much Does it Cost to Trademark a Clothing Brand?

In the clothing industry, branding is everything. To be successful, you must protect and manage your brand while your business and your clothing line grow. A trademark registered with the United States Patent and Trademark Office, or USPTO, is the best way to both protect and maintain control of your brand. While there are costs […]

New Balance Files Trademark Application for “4 Bounces”

An interesting trademark filing was recently made by New Balance for “4 Bounces.” The trademark application was filed the day after Kawhi Leonard hit that shot that bounced four times on the rim, then went in, sending the Toronto Raptors to the Eastern Conference Finals. Taking a look at the timestamp on the application, it […]

How to Use Trademarks to Build Your Toy Brand

Children, unlike their parents and grandparents, are often the most brand loyal customers around. Studies have shown that brand awareness can begin as early as two-years-old, and it’s often hard to break a loyalty once it’s been established. For people in the toy industry, this means that a strong brand is the key to success. […]

How to Protect Your Trademark in the Internet of Things Industry

With the rise of the Internet of Things industry, which includes physical objects that connect to the internet and interact with other things, it is becoming more and more important for companies to understand the proper use and application of trademarks. There are two main things to consider when you’re developing and launching your own […]

USPTO Refuses Luka Dončić’s Trademark Applications

  Luka Doncic, the potential Rookie of the Year candidate from the Dallas Mavericks, has had his trademark applications for ‘Matador’ and ‘El Matador’ denied by the Patent and Trademark Office. Luka’s trademark application was denied because there’s about a dozen other Matador trademarks that exist across a variety of goods and services that Luka […]

How the NCAA Obtained the March Madness Trademark

   The story of how the NCAA obtained the “March Madness” trademark spans more than half a century. Back in the early 1940s, the Illinois State High School Association coined the phrase “March Madness” for its state-wide basketball tournament. This association used the phrase undisturbed for nearly 40 years, until 1982, when Brent Musburger […]

Our Analysis of Penn State’s Happy Valley Trademark Refusal

  Penn State University’s trademark application on ‘Happy Valley’ was initially refused on March 11, 2019 by the trademark office. The office action, USPTO code for refusing an application initially, was given for two main reasons. 1. The trademark office found the trademark to be geographically descriptive. As ‘Happy Valley’ is a commonly used nickname […]

Rag & Bone Holdings Files a Trade Dress Application for the Number 44

  On February 22, the retail brand Rag & Bone Holdings made a trade dress filing for the number 44. Why would the retail brand want to make a filing for this number on the sleeve of bomber jackets? Well, the 44th president, Barack Obama, was recently seen wearing this style of jacket at a […]

In-N-Out Sues Puma over “California Drive Thru Sneakers”

  The fast food chain In-N-Out has recently sued the sportswear brand Puma over a new release called the “California Drive Thru” Sneaker. As can be seen in the video above, the sneaker has palm tree patterned laces, along with red and gold details throughout. When compared to an In-N-Out store, the shoe, and its […]

Sister Jean Trademark Application Contains Critical Errors

  If you recall last year’s March Madness tournament, the Loyola University of Chicago made it to the semifinals and the team chaplain, Sister Jean, received a lot of press. Sister Jean was shown on national television often during the tournament. So, in advance of the tournament this year, Loyola University has moved to protect […]