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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.

Companies Developing Virtual Reality Technology Should Also Develop Their Brands

Virtual reality technology is changing the face of media as we know it. As companies fight tooth-and-nail to protect the underlying technology through patents (for example, encoders and hardware) and copyrights (for the software), companies should not forget to develop a sound brand strategy that involves trademark clearance and protection. The adoption of new technology […]

DUDES FOR DONALD? Trademark Filers Waste Filing Fees on Trump Trademarks

If you apply for a trademark that references a living president or a political candidate, prepare to be denied. Currently there are over 275 active trademark applications containing the word “TRUMP” and chances are, unless they were filed by Donald Trump or his family, then many of those applications will be denied. Why? Because the […]

Correctable and Incorrectable Errors in Trademark Ownership

These materials were originally presented by Eric Perrott to the American Bar Associations’s Committee on USPTO Operations Relating to the Trademarks and Ex Parte Trademark Practice as a part of their “brown bag” trademark discussions. As trademark attorneys, we have all needed to sift through complicated ownership structures to attempt to figure out exactly who […]

Trademark Oppositions: Extensions of Time to Oppose Explained

Have you received a notice that someone has filed for an extension of time to oppose your trademark application with the Trademark Trial Appeal Board? You may be thinking: Receiving a notice that someone may challenge your trademark application can be nerve-wracking, but often these issues can be dealt with quickly, without needing to abandon […]

USPTO Trademark Office Action Responses: Section 2(d) Refusal

If you applied to register your trademark, you may receive a notice in your e-mail inbox that looks like this: UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED ON 00/00/2016 FOR U.S. APPLICATION SERIAL NO.0000000 Please follow the instructions below: (1)  TO READ THE LETTER:  Click […]

Trademark Office Actions: Analyzing a Likelihood of Confusion Refusal

If you have filed a trademark application, there is a chance the United States Patent and Trademark Office may deny your application based on a prior trademark that another person or company registered before you filed your trademark application. This is called a “likelihood of confusion” rejection under Section 2(d) of the Lanham Act, the […]

On-line Copyright and Trademark Enforcement: Why Registration of Your Intellectual Property is Critical

As many successful online entrepreneurs have found out, with success comes copycats, especially on marketplaces like Etsy, eBay, and Amazon.  With access to platforms that allow anyone to easily set up an on-line store and sell goods, on-line infringement and counter-fitting of trademarks and copyrights has become a rampant problem. The single most effective step […]

Kardashians File to Stop Blaq Chyna from Registering “Kardashian” Trademark

UPDATE (04/3/2017): The Trademark Trial and Appeal Board has sustained the Kardashian’s Notice of Opposition after Blac Chyna failed to respond to the pleading. In the Notice of Default Judgement, the TTAB held: On January 20, 2017, the Board issued a notice of default to Applicant because no answer had been filed. No response to the […]

New Las Vegas NHL Team’s Trademark Denied by the USPTO

In 2017, Las Vegas will launch their first-ever National Hockey League team, bringing professional hockey to Sin City. However, the team’s chosen name, the Las Vegas Golden Knights, is already on thin ice. The team’s trademark applications were denied based on pre-existing registered trademarks containing the words GOLDEN KNIGHTS. In July 2016, ESPN reported that […]

3 Tips for International Trademark and Brand Protection

As a business owner in today’s world it is likely that you are, at least, tangentially, in business internationally. That’s because you almost certainly have a website for your business, and that website theoretically gives the entire connected world access to your business, products, and services. While the opportunities of the online marketplace are certainly compelling, […]

Supreme Court To Decide if Law Preventing Registration of Disparaging Trademarks is Unconstitutional

The Supreme Court recently granted cert (meaning that they agreed to hear arguments) in Lee v. Tam, a case challenging the United States Patent and Trademark Office’s ban on the registration of ‘disparaging’ trademarks. The Supreme Court will hear arguments on this issue, but denied the request of the owners of the Washington Redskins’ trademarks […]

Private-Labeled Goods on Amazon.com: Protecting Your Trademarks and Defending Against Listing Hijacking

By: Eric Perrott, Esq. Amazon can be a cut-throat marketplace where winners and losers are decided by razor-thin margins. Amazon retailers battle each other selling well-known brands’, trying to find a lead on a supplier that can offer them better prices in order to undercut a competitor selling those same branded products. Often sellers wish […]