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Trademark Filing

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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.

What Can and Cannot be Trademarked?

A trademark is something that represents your brand in the marketplace.  Typically, business or product names, logos, or slogans are registered as trademarks.  Items such as distinct product packaging, colors and sounds may also obtain trademark protection.  The USPTO will not grant registration for generic or descriptive terms or anything that may be confusingly similar […]

Can You Use a Trademark That Has Been Rejected by the USPTO?

Question: Can you use a trademark that has been rejected by the USPTO? Answer: Yes. If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully […]

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, […]

Once I File My Trademark Application, Can I Add Additional Goods and Services Later On?

Question: Once I file my trademark application, can I add additional goods and services later on? Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application. A typical […]

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 Law […]

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 […]

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 […]

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 […]