Question: What is a dead trademark? Answer: In the USPTO’s trademark database, records listed as “DEAD” no longer have any federal trademark registration rights. Here are the three most common reasons that trademark filings become dead: 1. The initial trademark application never matured to registration. When a trademark application does not mature to registration, whether […]
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 is a Dead Trademark?
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 […]
How to Conduct a Proper Trademark Search
Before registering your trademark with the USPTO, it’s important to conduct a trademark search to ensure no one else is currently using your mark. While there are many “free” online search services, these are more often than not insufficient to identity all possible issues with your trademark. At Gerben Law Firm, one of our biggest […]
When to Start the Trademark Registration Process
When should you start the trademark registration process for your company, brand, or service name? The answer is, as soon as humanly possible. The number one mistake that I have seen clients make over the 11 years that I’ve run my practice is falling in love with a name and having no ability to change […]
The Danger of Free Trademark Search Software
We often get phone calls from prospective clients that tell us they’ve already done a trademark search online and are just looking for help with their application. As someone who has done thousands of trademark searches, has experimented with various online search softwares, and has paid artificial intelligence software companies to test their programs, the […]
Why Our Trademark Searches Are Unique
One thing that makes our firm extremely special is the type of trademark search that we offer to our clients. The trademark search we conduct is called a federal, state, and common law search. This looks through three different areas that could be a problem for the trademark you’re considering using. A full federal […]
How to Conduct a Trademark Search
Want to learn more about trademark searches? Here are the fundamentals of how a trademark search is performed.
Should I Conduct A Trademark Search Before Using My Trademark?
Although a trademark search is one of the earliest and most basic considerations in using and registering a trademark, it’s also one of the most often overlooked. The excitement of developing a new product or service and coming up with a name, logo and/or tagline, combined with the extra time and legwork required in conducting […]
By Industry Type
Trademark search for an APP or name of a software program
(The following is a summary of the video above). Hey everyone, this is Steve, Chief Paralegal here at Gerben Law Firm. Today I am going to look at one important element to consider when running a trademark search for the name of an APP or software program. This element is the “classes” you want to check […]
Apparel & Accessories
Performing a trademark search for a brand of clothing
(The following is a transcript of the video.) Greetings! Its Steve, chief paralegal and researcher here at Gerben Law Firm. And today we are going to look at how to run a trademark search for clothing. Just as an overview, the government breaks all products and services down into 45 different classes. So what we’re […]
Beer, Wine & Spirits
Conducting a trademark search for the name of a beer or brewery
(The following is a transcript of the video above.) Hey everybody, this is Steve, chief paralegal and researcher here at Gerben Law Firm. Today, we’re going to look at running a trademark search for beer. As a general overview, the government breaks all products and services down into 45 different classes. So what we’re going […]
Why Free Trademark Searches Don’t Work
If you’re thinking about running a free trademark search, check out this video first.