Apparel & Accessories, By Industry Type, How To's, Industries

How to Prove “Commercial Use” For a Clothing Brand Trademark

Registering your trademark for a clothing line is a significant step in protecting your brand. However, trademark registration is full of potential mistakes that can result in delays, or worse, in the denial of the application before the United States Patent and Trademark Office (USPTO). One of the trickiest parts of trademark registration is the “use in commerce” requirement. “Use?” […]

How To's, Industries, Music, Trademark Protection

Trademark Protection For a Band or Musician Name

Protecting the name of your band or musical acts name can help prevent confusion and can make marketing easier in the crowded music space. However, there are certain ways that musician trademarks differ from a typical trademark, especially in the requirements for registering a trademark for musical recordings with the United States Patent and Trademark Office (the USPTO.) Should I […]

Amazon, Industries

Amazon Seller Waiting for Your Trademark to Register? 5 Things Amazon Sellers Should Do to Strengthen Their Brand While Waiting for Registration

It’s no secret that trademark registration takes time – the average application will take at least nine months to register with the United States Patent and Trademark Office. This wait is especially long when you are an Amazon seller hoping to take advantage of the new Amazon Brand Registry program that requires a U.S. trademark registration. However, while you wait, […]

Athletics, In The News, Industries, Sports

College Football (and Trademark Enforcement) Season Has Arrived

It’s college football time again! You may be thinking, “what could college football have in common with trademark law?” Well, whenever a fan sees that colleges name and logo on a helmet or every time a fan buys a t-shirt, hat, Pop-Tarts, pacifiers and, yes, even urns and caskets, the importance and value of that college’s trademarks are on full display. […]

Amazon, Industries

Trademark Requirements for Amazon’s Brand Registry

As of November 2020, Amazon has loosened its requirements for getting onto the Amazon Brand Registry.  Instead of requiring sellers to have a federal trademark registration, Amazon only requires a federal trademark application to have been filed on a brand name in order to qualify for the Amazon Brand Registry (for some sellers.) Because of its popularity, trademark infringers, product […]

Industries, Medical

Therapists Need Trademarks in Highly Competitive Physical Therapy Market

Trademark protection is essential for physical therapists and their practices. By effectively securing trademark rights, including a federal trademark registration with the United States Patent and Trademark Office, physical therapists protect one of their most valuable assets – their brand. Protect Your Trademark Rights Work with an experienced attorney to protect one of your company’s most valuable assets. Gerben IP has […]

Athletics, In The News, Industries, Sports

Las Vegas Raiders’ Trademark Application Faces Hurdles at USPTO

Every few years a professional sports franchise starts up, moves cities, or changes names. Recently, we have welcomed the Las Vegas Golden Knights to the NHL (a brand-new team), the Los Angeles Chargers in the NFL (formerly the San Diego Chargers) and the not-so-recent New Orleans Pelicans in the NBA (formerly the New Orleans Hornets.) This year, the Oakland Raiders announced […]

Industries, Technology

Top 4 Trademark Tips for App Developers

Mobile apps are a multi-billion-dollar industry. Per one study, mobile apps grossed over 40 BILLION dollars in 2016 and that number is likely to grow. However, the competition within the industry is fierce and app developers need any advantage they can get to get ahead of competition. If you are an app developer, then there are a few essential things you […]

Athletics, In The News, Industries, Sports, The Basics, Trademark Protection

NCAA Increasingly Protective over MARCH MADNESS® Trademark

When you hear “March Madness,” it can only mean one thing: the National Collegiate Athletic Association (“NCAA”) National Championship Tournament. From its humble beginnings to its widely-known usage today, the NCAA’s March Madness® trademark represents a valuable asset that the NCAA fiercely protects. In fact, over 85% of the NCAA’s yearly budget comes from the advertising and marketing of its three-week […]

How To's, Industries, Medical, Trademark Protection

How to Protect Your Trademark in the Health Care Industry

The health care industry is one of the fastest growing industries in the world. There is always a need for quality medical care and the industry is getting more and more crowded with new companies trying to make a splash and old companies trying to make sure that they are not getting ‘crowded out’ of the marketplace. If you have decided […]

By Industry Type, How To's, Industries, Technology

Companies Developing Virtual Reality Technology Should Also Develop Their Brands

Virtual reality technology is changing the face of media as we know it. As companies fight tooth-and-nail to protect the underlying technology through patents (for example, encoders and hardware) and copyrights (for the software), companies should not forget to develop a sound brand strategy that involves trademark clearance and protection. The adoption of new technology is, in many ways, about branding. […]

Athletics, In The News, Industries, Sports

New Las Vegas NHL Team’s Trademark Denied by the USPTO

In 2017, Las Vegas will launch their first-ever National Hockey League team, bringing professional hockey to Sin City. However, the team’s chosen name, the Las Vegas Golden Knights, is already on thin ice. The team’s trademark applications were denied based on pre-existing registered trademarks containing the words GOLDEN KNIGHTS. In July 2016, ESPN reported that owner Bill Foley was having trouble […]

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