Question: How do you claim an abandoned trademark? Answer: In order to claim an abandoned trademark, you must follow the registration process from the beginning and submit your own application for the trademark. However, it’s important to carefully evaluate the trademark and consider why the last applicant allowed it to abandon. We often see people […]
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 Do I Claim an Abandoned Trademark?
How Long Does a Trademark Last?
Question: How long does a trademark last? Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective. As a […]
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 […]
Miley Cyrus Files Trademark for “BANDIT AND BARDOT”
The company that owns all of Miley Cyrus’ trademarks, Smiley Miley Inc., has filed a new trademark application for “BANDIT AND BARDOT.” The application, filed on December 1st, was drafted in such a way that the trademark appears to be the name of a new band. When filing trademarks for band names, artists will often […]
Jaguars Quarterback Gardner Minshew Files 3 Trademarks
Jacksonville Jaguars Quarterback Gardner Minshew has filed three trademark applications for MISSISSIPPI MUSTACHE, MINSHEW MANIA, and MINSHEW MAGIC. Minshew filed all three applications on November 21st, during a period of downtime when Nick Foles was back under center for the Jacksonville Jaguars. Each of the new filings were made on a 1(b) basis, meaning that […]
Is a Logo a Trademark?
Question: Is a logo a trademark? Answer: If your logo is used on product packaging or the top of your website to identify your company or services, it is a trademark that can be protected with a federal trademark registration. It’s important to note that if you want to protect your logo as a trademark, […]
The Cost to Register a Trademark in China
Obtaining a Chinese trademark registration is a critical part of doing business outside the U.S. Valuable protection against counterfeiting and infringement can be gained for very little upfront cost. Typically, the cost to register a trademark in China is $850 in legal fees for applications in one or two classes, and government fees are $50 […]
Which Trademark Symbol Should I Use?
Question: Which trademark symbol should you use? Answer: If you have obtained a federal registration for your trademark in the United States, you may use the “circled r” symbol: ® If you have not filed an application fore your trademark, or your trademark is still pending, you should use the small capital letters TM next […]
What are the Economic Benefits of a Registered Trademark?
Trademarks offer not only legal benefits, but economic benefits as well. The following are economic benefits of trademark registration: A registered trademark protects your investment from infringement. A registered trademark is needed for growth and expansion beyond your region. A registered trademark is a valuable asset that can increase in value over time. A registered […]
The Benefits of Intent-to-Use Trademark Filings
An intent-to-use trademark application is a trademark filing made before you actually have any sales of your products or services in the marketplace. There are a few scenarios in which this type of filing is more beneficial than a standard in-use application. Three Reasons Intent-To-Use Applications Are Beneficial There are three main reasons that filing […]
5 Steps for Australian Businesses Registering a U.S. Trademark
The 5 steps needed to register a United States trademark as an Australian based business: File your trademark in Australia. Engage a US trademark attorney. Conduct a US trademark search. File your trademark with the USPTO. Properly maintain your US registration. File Your Trademark in Australia First If you haven’t already done so, begin the […]
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, […]