Category: The Basics

How To's, The Basics, Trademark Protection, Trademark Protection

How to Protect Your Brand Through Trademark Registration

As an entrepreneur, you understand the importance of establishing a strong brand—one that will create interest early on and eventually develop into an avenue for building customer loyalty and longevity in the industry. While establishing your brand is important, determining how to protect your brand is just as essential. One of the most overlooked, though essential, factors is utilizing federal […]

Apparel & Accessories, Industries, The Basics, Trademark Protection

‘Trade Dress’ed: Can You Protect Clothing Design Elements Through Trademark Law?

When you think of a clothing line, most people think of the name on the tag or neckline, or maybe a symbol or logo. These words, phrases, and symbols are powerful identifiers of a company’s brand and act as a stand-in for everything a consumer feels about a product, all in one trademark. QUESTIONS ABOUT CLOTHING TRADEMARKS? Clothing trademarks can […]

The Basics, Trademark Renewal

The Benefits of an Incontestable Trademark

The “five year” anniversary of a trademark registration is an important one. Your first renewal is due and, if you have been using the mark consistently, you are now eligible for “incontestability” status on your registration. While the word, “incontestability” elicits the impression of invincibility, this word is somewhat misleading as this status does not provide an absolute shield from […]

The Basics

Super Bowl, Superbowl, Superb Owl: Does a space make a difference in a trademark?

We receive a lot of questions from clients big and small about whether spaces in trademarks make a difference when it comes to registering and enforcing their trademarks. For example: “I use ‘MYTRADEMARK’ prominently on my website, can someone else register ‘MY TRADEMARK’ with the USPTO?” “My competitor registered ‘TRADEMARKTRADEMARK’ as one word with the USPTO, but I want to […]

The Basics, Trademark Infringement

Is This Trademark Infringement? ‘Millionaire Reader’ Case Shows Limits to Trademark Law

NEED ENFORCEMENT ADVICE? Gerben IP works with companies to review and response to infringement threats. Contact us for a free consultation. Contact Our Attorneys As a trademark owner, you know that proper monitoring of the marketplace is essential to protecting your trademarks. On top of paid monitoring services, you likely do your own research and due diligence to keep an […]

The Basics

Trademarks and Advertising: What Do You Need to Know?

LAUNCHING YOUR NEXT CAMPAIGN? Are you about to launch your next marketing campaign? Contact our attorneys to discuss how to protect your brands, slogans and other potential trademarks. Contact a Gerben IP Attorney Whenever you launch a new advertising or marketing campaign, you potentially open yourself up to trademark liability. In today’s world, companies are highly protective of their intellectual […]

How To's, The Basics, Trademark Filing, Trademark Filing

How To File a Trademark – Trademark Filing Process Considerations

One of the first steps you should take to protect your brand is to file a trademark on items such as your name, slogan and logo. This is done by submitting a trademark application to the United States Patent and Trademark Office (USPTO). You (or preferably your attorney) can file a trademark through an online portal on the USPTO website. […]

The Basics, Trademark Filing

What is an “Intent to Use” Trademark Application?

There are a number of factors a business owner must consider when plotting their trademark filing strategy. Even after the perfect name, logo, and/or slogan has been created, you are then faced with the question of, “What type of trademark application do I file with the United States Patent and Trademark Office (USPTO)?” Although, in general, trademark rights are established […]

The Basics, Trademark Renewal

Should I Hire an Attorney For My Trademark Renewal?

A trademark registration must be renewed periodically by filing documents to prove that you are still using the trademark to offer the goods and/or services listed in your trademark application. The trademark renewal deadlines are as follows: 1st renewal due: between the 5th and 6th anniversary of your registration date 2nd renewal due: between the 9th and 10th anniversary of your […]

The Basics, Trademark Ownership

Trademark Ownership – Who Should Own Your Trademark?

While it may not seem obvious on the surface, the legal question of who owns a trademark registration is one of the crucial legal decisions made when registering and maintaining a trademark registration. It might seem obvious – “If I am the one who came up with the trademark, I am the owner.” However, like many aspects of running a […]

The Basics, Trademark Filing

Trademarks of the Future: What a Company’s Trademark Filing Do (and Don’t) Tell Us About a Company’s Future Plans

Everyone wants an early “scoop.” From journalists to excited fans to Wall Street investors, savvy researchers use public data to try to peak into the plans of companies from many different industries from video games to tech releases. Like other public data, a company’s trademark filings with the United States Patent and Trademark Office are available for everyone to see. For […]

How To's, The Basics

How to Choose a Trademark Attorney

Protecting your brand is one of the top priorities when starting a business or launching a new product or service. You have likely heard that hiring a trademark attorney can, according to one study, increase your chances of successfully registering your trademark with the United States Patent and Trademark Office. However, when you go to look for an attorney, there […]