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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.

How to Respond to A Trademark Infringement Notice on eBay

Selling products on eBay can be a very lucrative income source, in fact, many individuals have built entire businesses based around it. The realities of buying and selling online, however, mean that some individuals or businesses may attempt to sell counterfeit or otherwise falsified products bearing the name or logo or a company, even if […]

Why Should You Register A Trademark Internationally? 4 Reasons

One of the most challenging aspects of protecting a trademark in the world today is protecting the trademark internationally. Because there is not a simple way to ‘globally’ register a trademark in every country, a trademark owner must register its trademark rights in each and every individual country where it seeks protection. The following four […]

Federal Circuit: Trademark Use Requires Actual Provision of Services, Not Just Advertising

Trademark rights in the United States are based on use of the trademark in commerce. For applications based on use (as opposed to “intent-to-use” applications), the USPTO requires that each applicant provide proof that it is using the mark for the applied-for goods and/or services. This proof must be provided in the form of a […]

REDBULL files opposition to REDEW mark claiming right to RED for beverages: New & Noteworthy TTAB Filings

New & Noteworthy TTAB Filings: The Late March to Early April Omnibus Edition This edition of New & Noteworthy features highlights from the past month of Trademark Trial & Appeal Board filings. Featured is an ongoing segment on brand owners who believe that their marks meet the high bar of being a “famous” marks for purposes […]

How to Respond to a Claim of Trademark Infringement on Amazon Marketplace

Operating as a seller in Amazon Marketplace, you may one day find yourself in receipt of a notice or claim of trademark infringement. This claim might come from several places – it could be from Amazon itself, from another seller, or from a manufacturer or other merchant – one that may not even operate on […]

Software Name Trademarks Are Crucial

You’re a software developer. You’ve worked hard on your product. All those hours, all that coding, all the design and testing. You put a lot into creating your software. Do you know how to protect what you’ve made? What is a trademark? In general, a trademark is legal protection for a name, design, logo, or […]

3 Important Reasons to Trademark Your Band Name

When you trademark your band’s name, you are making a major investment in the protection of your band’s identity and name, and you’re helping to prevent some major pitfalls and problems – ones that can create big headaches for you down the line.  Protecting your band’s identity and name is important to your success – […]

Monster Energy, 5 Hour Energy and Ohio State File Trademark Oppositions and Cancellations: New & Noteworthy TTAB Filings March 9 to 15, 2015

The edition of New & Noteworthy features Monster Energy, who seems to file oppositions against, well, everything. There are also a lot of design mark filings, including the Ohio State’s proceedings against the POISON NUT and others which provide interesting insight into how design marks are prosecuted, monitored, and ultimately opposed/cancelled.  Also, for the second […]

Supreme Court Holds 7-2 that TTAB Decisions Can Be Preclusive in Narrow Circumstances

On March 24, 2015, the Supreme Court issued its opinion reversing the Eighth Circuit and holding that, in some narrow circumstances, a Trademark Trial & Appeal proceeding can have preclusive effects on federal district court litigation. In December, the Supreme Court heard oral arguments for B&B Hardware vs. Hargis, an appeal from an Eighth Circuit […]

How to Respond to A Trademark Office Action

If you’ve received an Office action from the United States Patent & Trademark Office (USPTO) after you’ve submitted your trademark application, you may very well be wondering “What do I do now?” The USPTO, by issuing an Office action, is pointing out a problem with your application – one that may lead to its refusal […]

New & Noteworthy TTAB Filings: Monster Energy Opposes MONSTER BUCK for knives, Apple opposes SWATCH’s IPOP mark

This posts covers the New & Noteworthy filings before the Trademark Trial & Appeal Board from March 2 to March 8, 2015. This week, Marvel continued its assault on marks similar to its characters, troubled clothing store Wet Seal fights off other “wet” marks, and beverage company Sazerac wants everyone to be able to use the […]

U.S. Trademark Renewal Requirements and Deadlines

As a trademark owner, you should ensure you are aware of the renewal requirements on your trademark registration. That you being said, if you are unaware of the renewal deadlines, you’re in luck: starting this year, the United States Patent & Trademark Office will be sending renewal notices to remind trademark owners of these important […]