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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 Select a Strong Name for Your Business, Product, or Service

When it comes to selecting a name for a brand, product, or service, trademark attorneys often take a different approach than most marketers. Our main consideration is whether or not a name is unique enough to be protected with a federal trademark registration. However, finding a name that aligns with your brand, while still being […]

Do I Need an Attorney to Register a U.S. Trademark?

As of August 3rd, 2019, the USPTO will now require foreign trademark registrants to hire a U.S. trademark attorney to file their applications. Though it is highly recommended, United States citizens, permanent residents, and those filing through the Madrid Protocol are not required to work with a trademark attorney at this time. As you prepare […]

Trademark Registration: DIY vs Hiring an Attorney

When it comes to registering your trademark, don’t be tempted by DIY legal sites that provide little guidance and assistance throughout the process. Work with an experienced trademark attorney to ensure your trademark application process runs smoothly and quickly. As you begin the process to register your trademark with the United States Patent and Trademark […]

When to Start the Trademark Registration Process

When should you start the trademark registration process for your company, brand, or service name? The answer is, as soon as humanly possible. The number one mistake that I have seen clients make over the 11 years that I’ve run my practice is falling in love with a name and having no ability to change […]

How Large Law Firms Overcharge Trademark Clients

If you are an in-house counsel and you’re hiring outside counsel for trademark services, there’s an extremely high chance you’re overpaying for those services. There are two main ways that large law firms typically overcharge for trademark services. The first is during the trademark search process, and the second is when filing the application. 1. […]

What’s the Cost to Hire a Trademark Attorney?

Gerben Law Firm offers a quality trademark service at a reasonable flat rate.  For $950, plus a USPTO filing fee of $275 per class of goods/services, you will receive an entire packaging of registration services, including a comprehensive trademark search, attorney consultation time, trademark application preparation, and response to non-substantive Office Actions. Business owners often […]

The Danger of Free Trademark Search Software

We often get phone calls from prospective clients that tell us they’ve already done a trademark search online and are just looking for help with their application. As someone who has done thousands of trademark searches, has experimented with various online search softwares, and has paid artificial intelligence software companies to test their programs, the […]

Top 5 Advantages of U.S. Trademark Registration

A U.S. trademark registration has many advantages, with the most important being that it protects against infringement. A federally registered trademark is also a valuable asset with nationwide validity. It can help customers find you amongst the competition, and it can be a springboard for international registration. As a business owner, you’ve likely invested much […]

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 […]