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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.

Could the ALS Association have registered a trademark for the “Ice Bucket Challenge?”

If you’ve been on social media, watched a morning talk show, or basically set foot out of your house recently, it’s more than likely that you’ve heard about the “Ice Bucket Challenge” – and possibly participated in one yourself. The ALS Association, which has been a beneficiary of the Ice Bucket Challenge to the tune […]

USPTO Survey Reveals A Large Number of Illegitimate Trademark Registrations

Trademark applicants who are under the impression that it’s OK to file a trademark for a broad range of goods or services, even if you’re not actually doing business with all of those offerings: beware. The United States Patent & Trademark Office recently completed a survey of 500 randomly selected registered trademarks in order to […]

5 Steps to Obtain a Trademark for the Name of a Medical Practice

As a service provider in the medical industry, your name and reputation are likely to go a long way toward the success of your practice. A trademark can help you protect the integrity of both of those things by ensuring that you’re the only person, group, or organization that can use that name. A trademark […]

How to Trademark a Band Name

From novice musicians to established arena rock stars alike, one of the biggest things that a band has going for them – aside from their songs – is their name. After all, how many times do you hear (or ask) the question, “Who sings that?” Regardless of if you’re looking to make it big, or […]

How to Trademark the Name of a Toy

Bringing a new toy product to market requires a great deal of development and research – not to mention quite a bit of creativity. You’re identifying a need in the market, deciding what kind of toy you’d like to produce, designing it for manufacture, and either licensing it or overseeing production yourself. One key component […]

Am I Required By Law to Register My Trademark?

Do you have to register your trademark? While you’re not required to register your trademark with USPTO, you do gain a host of advantages and additional protections if you do.

3 Steps to Trademark Your Wine’s Name and Logo

Trademarking the name of your wine and distinctive elements of your wine’s identity – like the label – can help protect you and your business from such negative events. Here’s how you can do it.

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 […]

How can a foreign company file a US trademark? The advantages and disadvantages of using the Madrid Protocol.

If you are a non-U.S. company doing international business, you’ve probably come across the Madrid Protocol as an option for filing trademarks for protection in a number of countries, including the United States.  That being said, a common question that is asked is whether a foreign business should use the Madrid Protocol to file a […]

US Trademark Application Filed for MH17: What Happens With Trademarks Pulled From the News?

When trademarks cross over into the everyday news — as in the recent case of a company filing a US trademark application in an attempt to register MH 17 as a trademark, the flight number of the downed Malaysia Airlines plane – it’s usually on account of someone trying to register and reserve use of […]

What Are the Benefits of A Federal Trademark Registration?

Filing a trademark application with the United States Patent & Trademark Office is an important step that companies can take in protecting their brand and their business. A federally registered trademark confers benefits that give the trademark owner several distinct advantages in using and defending it. Before getting into those benefits and advantages, let’s take […]

How Long Does It Take to Register A Trademark?

The answer to the question of how long it takes to register a trademark shows why you’ll want to get started as soon as possible.