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 […]
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.
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 […]
What Can a Trademark Attorney do for Your Business?
If you are a business owner looking to protect your brand, consider working with an experienced trademark attorney. Your attorney will conduct a comprehensive trademark search and also file your application with the USPTO and respond to Office Actions on your behalf. Once your trademark is registered, your attorney can monitor its use and work […]
Do I Need an Attorney to Register a U.S. Trademark?
As of August 3rd, 2019, the USPTO will now require foreign trademark registrants to hire a U.S. trademark attorney to file their applications. Though it is highly recommended, United States citizens, permanent residents, and those filing through the Madrid Protocol are not required to work with a trademark attorney at this time. As you prepare […]
Trademark Registration: DIY vs Hiring an Attorney
When it comes to registering your trademark, don’t be tempted by DIY legal sites that provide little guidance and assistance throughout the process. Work with an experienced trademark attorney to ensure your trademark application process runs smoothly and quickly. As you begin the process to register your trademark with the United States Patent and Trademark […]
What’s the Cost to Hire a Trademark Attorney?
Gerben Law Firm offers a quality trademark service at a reasonable flat rate. For $950, plus a USPTO filing fee of $275 per class of goods/services, you will receive an entire packaging of registration services, including a comprehensive trademark search, attorney consultation time, trademark application preparation, and response to non-substantive Office Actions. Business owners often […]
Top 5 Advantages of U.S. Trademark Registration
A U.S. trademark registration has many advantages, with the most important being that it protects against infringement. A federally registered trademark is also a valuable asset with nationwide validity. It can help customers find you amongst the competition, and it can be a springboard for international registration. As a business owner, you’ve likely invested much […]
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 […]