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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 […]

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 […]

Meeting the “Use in Commerce” Requirement for a Cloud-Based Software Trademark

One of the trickiest decisions is analyzing whether you have “commercial use” of your trademark that meets the USPTO (and the federal trademark law) “use in commerce” requirement, which is needed both to register a standard and “intent to use” trademark registration.

How to Meet the “Commercial Use” Requirement For an App Trademark

Having a strong, protectable trademark for your app is essential for a successful launch in today’s cutthroat mobile industry. There are millions of apps in the Apple App Store, Google Play store and other online app marketplaces and the competition can be fierce. Owning a federal trademark registration is an important step towards protecting your mark in the long term.

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 […]

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 […]

False DMCA Takedown Notices: Ninth Circuit Holds that Copyright Owners Must Consider Fair Use Before Issuing Take-Down Notices

By: Eric Perrott, Esq. A takedown notice under the Digital Millennium Copyright Act (DMCA) is often a cost-effective way to remove copyright-infringing content on the internet without having to get a court order. However, this has given rise to large and small companies alike sending false take-down notices, without considering factors like whether the alleged […]

SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB

So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple […]

Handling Trademark Infringement Claims on Facebook

Facebook Pages form the backbone of one of the most important social media strategies your business can pursue. Pages are Facebook’s name for dedicated business presences on their site – a place where you can provide company details, information, offers, and more, all in the interest of forming a greater connection with your customers and […]

Software Name Trademarks Are Crucial

You’re a software developer. You’ve worked hard on your product. All those hours, all that coding, all the design and testing. You put a lot into creating your software. Do you know how to protect what you’ve made? What is a trademark? In general, a trademark is legal protection for a name, design, logo, or […]

TTAB Generic Trademark Refusal: PC LAPTOPS is Generic for Computers and Computer Retail Stores

Generic words for goods and services can never gain trademark protection. Think THE BANK for a bank, FARMER’S MARKET for, say, a farmer’s market, or PC LAPTOPS for computers. The TTAB’s affirmed an examiner’s refusal, holding that the phrase PC LAPTOPS is generic for computer products and services. PC Laptops LLC filed two different applications […]

Should You Trademark (Protect) the Name of Your App?

APPs (or application software) are one of the biggest drivers of innovation for smartphones, both for users and developers. On the developer side, the relative ease of getting an APP into the store or marketplace for a particular device means that you can open up a vast audience for your program with very few roadblocks […]