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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.

How to File a Patent Application for a New Product or Invention

For many inventors, a patent is one of the most worthwhile investments one can make—the patent laws ensure that anyone who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor.” Without a patent, an opposing or competing party […]

Trademark “Stealth” Filings at the USPTO Under 44(D)

Imagine this: your company has spent the last year discretely planning the launch of your next flagship product. A significant amount of money has been spent developing a brand, and you’re ready to file the Federal trademark application to secure an early priority date before you launch in the U.S. Your company files, only to […]

How to Respond to a Notice of Abandonment – Failure to Respond Timely to Office Action

One of the hardest parts of the trademark registration process is meeting all of the deadlines required by the United States Patent and Trademark Office. Failure to meet these deadlines may result in the permanent abandonment of your application. However, if you received a “Notice of Abandonment,” you still may have an opportunity to revive the application and save it from being permanently abandoned.

When and Why You May Need to Hire a U.S. Trademark Attorney

A registered trademark is a valuable asset to any business. While registering a trademark may seem fairly simple, the process is actually quite detailed and requires many legal decisions along the way. Choosing to take on this task alone can lead to unnecessary errors, costly re-filings, and even rejection. Whether you are just beginning to […]

How to Prove Commercial Use of Your Product or Service

 What does proof of commercial use mean in the context of a trademark application? We get this question all the time. We often file trademarks for businesses that aren’t up and running based on an intent to use a trademark. The benefit of filing it on that intent to use, is that the priority […]

How to Identify Your Company’s Trademarks

The vast majority of questions our firm gets are about protecting business names, logos, and slogans with federal trademark filings. These are a great place to start, but there are many other things a business may want to protect. Is your business protecting the names of product and service lines? Two of the most common […]

Checking the Status of Your Trademark Registration

The process to register a trademark can take eight to ten months on average, but occasionally, it can take a year or more before approval. In order to ensure a smooth, efficient process, it is up to you, the applicant, to check the status of your trademark and follow up as needed. Failure to do […]

Why Our Trademark Searches Are Unique

  One thing that makes our firm extremely special is the type of trademark search that we offer to our clients.  The trademark search we conduct is called a federal, state, and common law search. This looks through three different areas that could be a problem for the trademark you’re considering using. A full federal […]

Why Everyone Should Be Monitoring Their Trademark

As a trademark attorney, the most difficult thing to convince our clients to do, is to engage us to monitor their trademark registrations that we’ve worked so hard to obtain. I understand the mentality. Once you obtain your trademark registration, you are eager to move onto other priorities in your business and decide to not […]

How to Protect Your Trademark: 6 Defined Strategies

Your trademark is a valuable asset to your business.  It represents your brand and distinguishes you from your competitors.  The legal rights that come with having a registered trademark are essential to your long-lasting success in the marketplace.  Consider how to protect your trademark with these 6 strategies. Choose a Strong Mark from the Start […]

How to Protect Product Packaging using Copyrights, Design Patents, and Trade Dress

Product packaging and design can be protected through copyrights, design patents and trade dress.

IN HOUSE COUNSEL – Are you paying too much for trademark services?

Many in-house attorneys overpay outside counsel for trademark services. Our firm has identified three key areas where companies can save on cost when hiring outside trademark attorneys.