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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.

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.

How To File a Trademark – Trademark Filing Process Considerations

How do you file a trademark application? Should you hire an attorney? This article discusses the overview of the registration process and helpful tips about filing a trademark application with the United States Patent and Trademark Office.

What is an “Intent to Use” Trademark Application?

Although, in general, trademark rights are established by using the mark in commerce, depending on the timing of your business’ launch, an “Intent to Use” (ITU) application might be right for you.

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 […]

Odd and Offbeat Trademark Filings

Almost anything can act as a trademark. A sound, a smell, even a motion. Anything that is capable of distinguishing a distinct source of a product or service can be registered as a trademark.  With this being the case, there are some pretty odd and peculiar trademark applications that get filed with the United States Patent […]

Trademark Registration: Company Name vs. Product Name

Learn how to protect the name of your product and the name of your company.

SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB

So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple […]

REDBULL files opposition to REDEW mark claiming right to RED for beverages: New & Noteworthy TTAB Filings

New & Noteworthy TTAB Filings: The Late March to Early April Omnibus Edition This edition of New & Noteworthy features highlights from the past month of Trademark Trial & Appeal Board filings. Featured is an ongoing segment on brand owners who believe that their marks meet the high bar of being a “famous” marks for purposes […]

New & Noteworthy TTAB Filings: Monster Energy Opposes MONSTER BUCK for knives, Apple opposes SWATCH’s IPOP mark

This posts covers the New & Noteworthy filings before the Trademark Trial & Appeal Board from March 2 to March 8, 2015. This week, Marvel continued its assault on marks similar to its characters, troubled clothing store Wet Seal fights off other “wet” marks, and beverage company Sazerac wants everyone to be able to use the […]

New & Noteworthy Trademark Opposition and Cancellation Filings with the TTAB: February 23 to March 1

This New & Noteworthy post looks at trademark oppositions filed at the Trademark Trial & Appeal board for the Week of February 23 – March 1. Marvel & DC, Co-Owners of the SUPER HERO Mark, File Two Oppositions Marvel & DC have been labeled trademark bullies in the past for their policing of the co-owned […]

New & Notable TTAB Opposition and Cancellation Filings: The Week of January 26, 2015

In this new feature, Before the Board will look at the notable TTAB opposition and cancellation proceedings initiated at the Trademark Trial & Appeal Board. A lot of attention is paid to the “final” decisions of the TTAB, but here is a taste of the day to day workings of the TTAB. Pirelli opposes ‘MARTHA’ […]