Gerben IP’s Trademark Blog

Pop Culture

USPTO Refuses Fox Media’s “OK BOOMER” Trademark Application

Fox Media’s trademark application for “OK BOOMER” was refused by the USPTO on February 4th. In issuing the refusal, the USPTO examiner found that “OK BOOMER” was a widely used and common place message. The rule that was applied by the examiner, 1202.04(b), essentially states that you cannot register a meme or a popular phrase because it cannot be tied […]

The Basics, Trademark Filing

Overview of Trademark Filing Fees

Each trademark registration is different, based on the type of application filed and the number of international classes included.  However, basic filing fees are as follows: TEAS Plus application–$225 per class TEAS RF application–$350 per class TEAS Regular application–$400 per class Read on to learn more about these applications and additional fees associated with filing a trademark registration. The Costs to […]

Sports

Little League Baseball Files Trademark for New Logo

Little League Baseball has filed a trademark application for a new logo. Submitted on January 27, the application was filed on an intent-to-use basis, meaning that Little League Baseball signed a sworn statement that the league intends to use the logo in association with all the goods and services they listed. This includes goods such as an app, jewelry, pens […]

Trademark Filing

When Should I Trademark My Business Name?

Question: When should you trademark your business name? Answer: Immediately. A trademark application for a business name should be filed as soon as possible because the filing date of your federal trademark application becomes the federal priority date of your trademark. This means that if you file a trademark application on January 1, and somebody else files for or starts […]

Canadian Trademarks, International

5 Steps for Canadian Businesses Registering a U.S. Trademark

The 5 steps needed to register a United States trademark as a Canadian based business: File your trademark in Canada Engage an experienced trademark attorney based in the U.S. Conduct a comprehensive trademark search File your trademark application with the USPTO Properly maintain your U.S. trademark registration 1. Register First in Canada Before you start the process to register your trademark […]

General, Sports

Tennessee Titans File Trademark Application for “TAKE EVERYTHING”

The Tennessee Titans filed a trademark application for “TAKE EVERYTHING” on January 17th. The “TAKE EVERYTHING” phrase has been featured in many of the Titan’s Hype videos this off-season and it is currently being used on some clothing in their online shop. The filing was made just two days before the AFC Championship Game, where the Titans ironically proceeded to […]

Trademark Ownership

Can You Purchase a Trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate. That said, there are very specific requirements for purchasing a trademark and acquiring a proper chain of title. If you are considering purchasing a trademark, […]

Copyrights, General, Patents, The Basics

The Main Types of Intellectual Property

There are three main types of intellectual property: A trademark is anything that represents a brand. Words, logos, and slogans are common trademarks. A copyright protects works of authorship, including novels, poetry, art, and music. A patent protects aspects of an invention, which can include both functionality and design. 1. Trademarks So what is a trademark? A trademark is anything that […]

Chinese Trademarks, International

Average Time-frame for Trademark Proceedings in China

Understanding the general timeline for trademark registration in China is an important part of developing your international trademark plan. The average timeframe for basic trademark proceedings is: Basic application – 6-9 months Oppositions – 12-18 months Renewals – 1 month One of the most critical steps to registration in China is to start the process as soon as possible, to both […]

Trademark Filing

Who Should Sign a Trademark Application?

Finding the proper person to sign a trademark application is more complicated than it seems. In fact, it’s something that attorneys get wrong all the time. Here are the two most common scenarios for selecting a proper signatory for your application. 1. If filing a trademark as a Corporation or LLC If you’re filing a trademark application under the name […]

Sports

An Overview of Kirk Cousins’ Trademark Application for “YOU VIKE THAT!”

Following the Minnesota Vikings’  trademark application for “GO GET IT,” many people have been wondering if Kirk Cousins owns a trademark for “You Vike That.” Kirk filed an application for the phrase on March 20, 2018, but the registration is still pending with the USPTO. The application has gone through the examination process and it has been initially approved for […]

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