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 before continuing to use the […]
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 […]
Question: Once I file my trademark application, can I add additional goods and services / classes 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 concern we hear […]
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 […]
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 […]
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 […]
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 […]
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 with you to take legal action against […]
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 to register your trademark with the […]
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 Office, or USPTO, you may be […]
The biggest question that most business owners have before engaging a trademark attorney is simple: “How much will it cost?” Budgets tend to be the most influential factor in many brand owners’ business decisions. This is especially true for owners of newer or smaller brands. Brand owners often assume that hiring a trademark attorney is out of the question, so […]
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 of your time and energy into […]