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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.

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 […]

Trademarks of the Future: What a Company’s Trademark Filing Do (and Don’t) Tell Us About a Company’s Future Plans

Everyone wants an early “scoop.” From journalists to excited fans to Wall Street investors, savvy researchers use public data to try to peak into the plans of companies from many different industries from video games to tech releases. Like other public data, a company’s trademark filings with the United States Patent and Trademark Office are […]

Thailand to Join the Madrid Protocol

Starting November 7th of this year, a 99th member will be added to the Madrid Protocol. Becoming the 115th country, Thailand will officially become a member of the Madrid Protocol. If you have ever wanted to expand your trademark rights to more than one country, you are probably familiar with the Madrid Protocol. If you […]

Trademark Protection For a Band or Musician Name

Protecting the name of your band or musical acts name can help prevent confusion and can make marketing easier in the crowded music space. However, there are certain ways that musician trademarks differ from a typical trademark, especially in the requirements for registering a trademark for musical recordings with the United States Patent and Trademark […]

Amazon Seller Waiting for Your Trademark to Register? 5 Things Amazon Sellers Should Do to Strengthen Their Brand While Waiting for Registration

It’s no secret that trademark registration takes time – the average application will take at least nine months to register with the United States Patent and Trademark Office. This wait is especially long when you are an Amazon seller hoping to take advantage of the new Amazon Brand Registry program that requires a U.S. trademark […]