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The Basics

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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.

Caution: Trademark Renewal Scams

Our law firm received an email recently in which the subject line read “Real? Or not real?”; it was a message from a longtime client inquiring about a letter they had received in the mail. The notice claimed that the client’s trademark was up for renewal and requested substantial payment in order to file it. […]

How to Report Trademark Infringement

It happens–one day you are surfing the Internet, searching your company and your products, and you stumble across someone using a very similar name or logo that is very close to yours, trying to profit off of the goodwill of your brand. What is the first thing you should do? The first rule of dealing […]

The Basics of US Copyright Law

Copyright law is one of the three major forms of intellectual property, along with trademark law and patent law. Unlike trademark law, which primarily deals with brands, and patent law, which deals with inventions, copyrights protect “creative works,” and give authors and creators protection for their writings, photos, drawings, sculptures, movies, and more, like computer […]

An Overview of Common Law Trademark Rights

A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used–even though they have never been federally registered–can all be considered common law trademarks. The rights associated with common law trademarks are regionally limited and not as easily enforced […]

The Trademark Registration Process for Businesses Based in Philadelphia

There are several motivations behind applying for a federal trademark registration–legal objectives, practical reasons, and national deterrence are all primary considerations when filing for a trademark. As a Philly-based business, you are a competitor in the epicenter of one of the East Coast’s largest cities, and investing in a trademark can be one of the […]

The 30 Percent Rule in Copyright Law

There is no 30% Rule and you should think twice before using someone else’s content.

Can I File My Own Trademark Application?

Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application. However, just because you can doesn’t mean you should–while the lack of initial legal fees may be appealing, filing an application without the assistance of a trademark attorney often […]

USPTO Rule Change Subjects Trademark Applicants to Unwanted Emails

The United States Patent and Trademark Office (USPTO) recently revised a rule that now requires trademark applicants to include an email address in their trademark application, even if they’re represented by an attorney. This is a massive departure from the original rule in which a law firm could provide their own email address, rather than […]

Can You File a Trademark on Your Own?

Question: Can you file your own trademark application? Answer: Yes, you can file a trademark application on your own. However, there are a number of good reasons you should hire a trademark attorney to assist you with the registration. Mainly, there is a huge difference in the success of applications that are filed with attorneys […]

Overview of Trademark Filing Fees

Each trademark registration is different, based on the type of application filed and the number of international classes included.  However, basic filing fees are as follows: TEAS Plus application–$225 per class TEAS RF application–$275 per class TEAS Regular application–$400 per class Read on to learn more about these applications and additional fees associated with filing […]

When Should I Trademark My Business Name?

Question: When should you trademark your business name? Answer: Immediately. A trademark application for a business name should be filed as soon as possible because the filing date of your federal trademark application becomes the federal priority date of your trademark. This means that if you file a trademark application on January 1, and somebody […]

Can You Purchase a Trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate. That said, there are very specific requirements for purchasing a trademark and acquiring a proper chain of title. If you […]