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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.

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 […]

The Main Types of Intellectual Property

There are three main types of intellectual property: A trademark is anything that represents a brand. Words, logos, and slogans are common trademarks. A copyright protects works of authorship, including novels, poetry, art, and music. A patent protects aspects of an invention, which can include both functionality and design. 1. Trademarks So what is a […]

What is a Dead Trademark?

Question: What is a dead trademark? Answer: In the USPTO’s trademark database, records listed as “DEAD” no longer have any federal trademark registration rights. Here are the three most common reasons that trademark filings become dead: 1. The initial trademark application never matured to registration. When a trademark application does not mature to registration, whether […]

What Can and Cannot be Trademarked?

A trademark is something that represents your brand in the marketplace.  Typically, business or product names, logos, or slogans are registered as trademarks.  Items such as distinct product packaging, colors and sounds may also obtain trademark protection.  The USPTO will not grant registration for generic or descriptive terms or anything that may be confusingly similar […]

How Do I Claim an Abandoned Trademark?

Question: How do you claim an abandoned trademark? Answer: In order to claim an abandoned trademark, you must follow the registration process from the beginning and submit your own application for the trademark. However, it’s important to carefully evaluate the trademark and consider why the last applicant allowed it to abandon. We often see people […]

How Long Does a Trademark Last?

Question: How long does a trademark last? Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective. As a […]

Can You Use a Trademark That Has Been Rejected by the USPTO?

Question: Can you use a trademark that has been rejected by the USPTO? Answer: Yes. If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully […]

Is a Logo a Trademark?

Question: Is a logo a trademark? Answer: If your logo is used on product packaging or the top of your website to identify your company or services, it is a trademark that can be protected with a federal trademark registration. It’s important to note that if you want to protect your logo as a trademark, […]

Which Trademark Symbol Should I Use?

Question: Which trademark symbol should you use? Answer: If you have obtained a federal registration for your trademark in the United States, you may use the “circled r” symbol: ® If you have not filed an application fore your trademark, or your trademark is still pending, you should use the small capital letters TM next […]