Trademark Filing

What Is the Correct Filing Basis for Your Trademark?

What filing basis should you use in your trademark application? This is one of the most complicated and technical questions in any trademark application. First, you tell the government what trademark you’d like to register, then you answer the question about what goods and services you’re going to be providing under the trademark. After that, you get to this question […]

International, Trademark Protection

Is My U.S. Trademark Registration Protected Internationally?

A trademark registered in the U.S. will only protect you in trademark disputes that arise within the United States. The protections provided by a United States trademark will not apply to trademark issues outside the U.S. In order to receive trademark protections internationally, you must register your trademark in other countries. A U.S. Trademark does not Protect You in Other […]

The Basics, Trademark Filing

Do I Need to Hire a Trademark Attorney Near Me?

Question: Do I need to hire a trademark attorney near me? Answer: No. You can hire a trademark attorney from anywhere in the United States to help with your United States trademark application. Unlike other areas of law, trademark law is federal in nature, meaning attorneys can assist clients in any state. At Gerben IP, we work with clients from […]

The Basics, Trademark Filing

Do I Need to File Multiple Trademark Applications for Different Versions of My Logo?

 Question: Do you need to file multiple trademark applications for different versions of your logo? Answer:  Typically, you do not need to file trademark applications for various different versions of your logo.  In most cases a single filing on the version of your logo used in the masthead of your website or the packaging of your products is sufficient.  That […]

Copyrights, General, The Basics

Trademark vs. Copyright: What’s the Difference?

A trademark represents your brand or product.  Names, logos, and slogans are common trademarks.  A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.  To ensure intellectual property is protected, work with your attorney to obtain a federal registration. What is a Trademark? A trademark is anything that represents your brand in the […]

The Basics, Trademark Filing

What Trademark Rights Do I Have While My Application Is Pending with the USPTO?

Question: What trademark rights do I have while my trademark application is pending with the USPTO? Answer: The rights in a pending trademark application are very limited.  You do not have the rights of a federal trademark registration until the USPTO reviews and approves your application. While your application will certainly hold your place in line and not allow someone […]

General, The Basics

5 Common Trademark Mistakes

As a business owner, you understand the importance of protecting your brand.  That said, many businesses fail to take even the most basic steps to ensure a brand is receiving as much legal protection as possible.  Here are the most common trademark mistakes I see clients make time and time again: Not working with an experienced trademark attorney Not conducting […]

Trademark Filing, Trademark Filing

How to Describe Goods and Services in a Trademark Application

One of the most critical questions in a trademark application is, “What are the goods and services associated with your trademark that you would like to protect?” This question is so critical because it sets the rights and scope for your trademark protection. United States trademark law protects your trademark as it relates to the goods or services that you […]

General, Trademark Protection

What Do Trademark Attorneys Do?

Trademark attorneys typically do five things: Identify your company’s trademarks. Conduct proper trademark searches. Develop a legal filing strategy for your company’s trademarks. Draft trademark applications. Respond to USPTO Office Actions. In today’s world, you have a lot of internet-based companies that claim they can file your trademark for $69, so why should you hire a trademark attorney? Here are […]

Trademark Protection

What EXACT Trademark(s) You Should File

When completing a trademark application, one of the most critical questions you will answer is what is the exact trademark you will be registering. When we ask clients this question, we typically get a variety of different answers. Sometimes, businesses or individual just want to register their name, other times they want to protect a name combined with a logo, […]

General, Trademark Protection

Our Trademark Pricing and Process

The trademark application process can be lengthy and complicated. Hiring an attorney to handle the search, filing, and monitoring of your application not only increases the chance of successfully acquiring registration of your trademark, but it also frees up a significant amount of time for you to focus on growing your business. With over eleven years of experience providing trademark […]

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