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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.

USPTO Begins New Trademark Renewal Audit Program

The United States Patent and Trademark Office has enacted a new program that requires some trademark registrants to go beyond the normal requirements of renewing their trademark and prove continued use of the items listed in their trademark applications. The USPTO’s audit program requires trademark registrants and their attorneys to be extra vigilant when renewing […]

What Booking.com Means for Trademark Owners

The U.S. Supreme Court held that the addition of “.COM” to a generic word could function as a protectable trademark, despite the generic word being incapable of acting as a protectable trademark. While this decision opens the door for brands like BOOKING.COM to potentially qualify for trademark protection, proving those rights could be incredibly difficult […]

How to File a Domain Name Dispute

The protections that trademarks supply to the owner’s business and brand are extremely advantageous. They have become even more valuable in a marketplace that is increasingly present online, removing regional and industry boundaries that may have previously been in place. Additionally, companies that take part in this virtual exchange use their websites as platforms to […]

Effective Strategies to Protect Your Intellectual Property

As a business owner, establishing an intellectual property portfolio that consists of the trademarks, copyrights, and patents that are relevant to your business should be at the forefront of your mind. These valuable assets not only protect your products and branding from competitors, but are often considered highly valued investments that represent the consumer goodwill […]

Starting A Business in Philadelphia? Protect Your Brand Locally

As a business owner in Philadelphia, you understand the nuances of a competitive marketplace and the significance of recognizable branding. Your name, logo, and slogan are all key components that represent your company’s reputation and goodwill among your consumer base. As your business grows inside the city and beyond, it is more important than ever […]

What are the U.S. Trademark Registration Requirements?

As an individual or business considering a trademark application, it is important to understand all of the basic requirements that must be met prior to submission. There are several motivations behind applying for a federal trademark registration, and regardless of what your initial intent may be, investing in a trademark can be one of the […]

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.