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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.

Las Vegas Golden Knights Trademark Filings Opposed by US Army

Launching a new sports franchise can be tough. Deciding on a name for that sports franchise? It may be even tougher. The U.S. Army filed an opposition against the Las Vegas Golden Knights hockey franchise.

Trademarks and Advertising: What Do You Need to Know?

Whenever you launch a new advertising or marketing campaign, you potentially open yourself up to trademark liability. Is your business at risk? Here are some best practices to help reduce the risk of trademark infringement when launching a new campaign.

USPTO Will Likely Deny “NOprah” Trademark Application

In anticipation of a potential 2020 campaign, entrepreneurs have started making filing with the USPTO using Oprah’s name. But under U.S. trademark law, they will almost certainty be rejected.

How To File a Trademark – Trademark Filing Process Considerations

How do you file a trademark application? Should you hire an attorney? This article discusses the overview of the registration process and helpful tips about filing a trademark application with the United States Patent and Trademark Office.

Information Required From a Foreign Company To File a United States Trademark Application

Gerben Law Firm works extensively with international clients and their foreign counsel to assist with the filing of trademark applications in the United States (we serve as a local counsel in the United States in this capacity). Clients (and their attorneys) from over 30 countries have used Gerben Law Firm’s local counsel trademark services to […]

Breaking: Federal Circuit Holds Ban on Offensive Marks Unconstitutional

The Federal Circuit held today that the U.S. trademark law’s ban on offensive and derogatory marks in unconstitutional, following a similar decision by the Supreme Court earlier this year.

What is an “Intent to Use” Trademark Application?

Although, in general, trademark rights are established by using the mark in commerce, depending on the timing of your business’ launch, an “Intent to Use” (ITU) application might be right for you.

Should I Hire an Attorney For My Trademark Renewal?

A trademark registration must be renewed periodically by filing documents to prove that you are still using the trademark to offer the goods and/or services listed in your trademark application.  The trademark renewal deadlines are as follows: 1st renewal due: between the 5th and 6th anniversary of your registration date 2nd renewal due: between the […]

Meeting the “Use in Commerce” Requirement for a Cloud-Based Software Trademark

One of the trickiest decisions is analyzing whether you have “commercial use” of your trademark that meets the USPTO (and the federal trademark law) “use in commerce” requirement, which is needed both to register a standard and “intent to use” trademark registration.

How to Meet the “Commercial Use” Requirement For an App Trademark

Having a strong, protectable trademark for your app is essential for a successful launch in today’s cutthroat mobile industry. There are millions of apps in the Apple App Store, Google Play store and other online app marketplaces and the competition can be fierce. Owning a federal trademark registration is an important step towards protecting your mark in the long term.

How to Prove “Commercial Use” For a Clothing Brand Trademark

Registering your trademark for a clothing line is a significant step in protecting your brand. However, trademark registration is full of potential mistakes that can result in delays, or worse, in the denial of the application before the United States Patent and Trademark Office (USPTO). One of the trickiest parts of trademark registration is the “use in commerce” requirement.

Trademark Ownership – Who Should Own Your Trademark?

While it may not seem obvious on the surface, the legal question of who owns a trademark registration is one of the crucial legal decisions made when registering and maintaining a trademark registration. It might seem obvious – “If I am the one who came up with the trademark, I am the owner.” However, like […]