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The Trademark Blog

Gerben IP’s Trademark Blog

By Industry Type, Diet & Nutrition, How To's, Industries

How a Federal Trademark Registration Protects Your Dietary Supplement Brand

A federal trademark registration provides valuable protections for your dietary supplement brand.  You will have the presumption of nationwide protection for your trademark.  You also will be able to more easily take down infringing listings on online marketplaces, such as Amazon. Your registered trademark can also be a springboard to international trademark registration. You’ve worked hard to build a successful dietary […]

In The News, Sports

The University of Miami Files Notice of Opposition for “Turnover Chain” Trademark

The University of Miami has filed a trademark application for “TURNOVER CHAIN.” The application, which was filed in October 2018, has been refused because an individual from Delray Beach, Florida actually filed his own ‘TURNOVER CHAIN’ application back in 2017. This has all come to a head in June of this year (2019), when the University of Miami filed a […]

General, Trademark Protection

How Large Law Firms Overcharge Trademark Clients

If you are an in-house counsel and you’re hiring outside counsel for trademark services, there’s an extremely high chance you’re overpaying for those services. There are two main ways that large law firms typically overcharge for trademark services. The first is during the trademark search process, and the second is when filing the application. 1. Large law firms overcharge during […]

Canadian Trademarks, International

5 Steps to Register Your Trademark in Canada

Steps to Register a Trademark in Canada: Choose a strong mark Hire a trademark attorney Complete a comprehensive trademark search File your application Respond to CIPO requests Many US trademark owners see the benefit of Canadian trademark registration.  With its close proximity and millions of potential customers, it may make sense to begin your international trademark registration in Canada.  While the […]

Sports

Phillies File Lawsuit Over Ownership Rights to Phanatic Costume

The Philadelphia Phillies have recently filed a lawsuit against the design firm that created the Phanatic, Harrison/Erickson, over ownership rights to the Phanatic costume. Following decades of negotiation and agreements, the Phillies claim that Harrison/Erickson has now demanded millions of more dollars for the continued rights to use the Phanatic. A Brief History of the Phillie Phanatic Costume Our story […]

Sports

Ohio State University Files Trademark for “THE”

August 16, 2019 (Original Post) On August 8, The Ohio State University filed a trademark application for the single word “THE.” ‘The’ Ohio State University’s trademark filing claims it is currently using the trademark “THE” for a brand of clothing, namely t-shirts, baseball caps, and hats. To support the filing, the University submitted specimens that show a shirt and hat with […]

General, Trademark Filing

Non-US Companies (and Citizens) Cannot File Trademarks Without a U.S. Attorney

On August 3rd, 2019, the United States Patent and Trademark Office implemented a rule requiring foreign companies and individuals domiciled outside of the United States to use a licensed U.S. attorney to file trademark applications, renewals, and almost any other document before the USPTO. This affects every company and individual outside of the U.S., but it can be particularly unexpected to trademark […]

General, The Basics, Trademark Filing

What’s the Cost to Hire a Trademark Attorney?

The biggest question that most business owners have before engaging a trademark attorney is simple: “How much will it cost?” Budgets tend to be the most influential factor in many brand owners’ business decisions. This is especially true for owners of newer or smaller brands. Brand owners often assume that hiring a trademark attorney is out of the question, so […]

International, United Kingdom Trademarks

Understanding United Kingdom Trademark Law

A trademark registered in the United Kingdom has valuable legal protections in England, Wales, Scotland, and Northern Ireland. If you’ve recently registered your trademark in the U.S., you understand the benefits and rights a registered trademark provides.  These rights, however, only apply to trademark disputes within the United States.  To obtain legal protections for your mark internationally, you must register your […]

Sports

Minkah Fitzpatrick Allows His Trademark Filing for ‘FitzMagic’ to Abandon

Back in Autumn of 2018, the FitzMagic craze was taking over the country. Ryan Fitzpatrick was lighting things up in Tampa, and at one point even came out to a press conference dressed in DeSean Jackson’s clothes. During all the excitement, a quarterback for the Miami Dolphins, Minkah Fitzpatrick, filed a trademark application for “FitzMagic” on September 12 of 2018. […]

General, Trademark Search

The Danger of Free Trademark Search Software

We often get phone calls from prospective clients that tell us they’ve already done a trademark search online and are just looking for help with their application. As someone who has done thousands of trademark searches, has experimented with various online search softwares, and has paid artificial intelligence software companies to test their programs, the one thing I can tell […]

The Basics, Trademark Filing, Trademark Infringement, Trademark Protection

Top 5 Advantages of U.S. Trademark Registration

A U.S. trademark registration has many advantages, with the most important being that it protects against infringement. A federally registered trademark is also a valuable asset with nationwide validity. It can help customers find you amongst the competition, and it can be a springboard for international registration. As a business owner, you’ve likely invested much of your time and energy into […]

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