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Gerben Law Firm's Trademark Blog

"This trademark blog and informational section of the Web site is meant to provide you with answers to commonly asked questions about trademark searching, filing and registration.

As a trademark attorney who has worked on over 5,000 United States Patent and Trademark Office trademark filings, I have accumulated a lot of experience on various trademark issues. My hope is that I, along with our experienced trademark and copyright attorneys, can share some of that experience with you through this blog.

Please enjoy the information and feel free to contact our attorneys if we can answer any trademark questions for you."

Josh Gerben, Esq.,
Trademark Attorney

Latest articles

Super Bowl, Superbowl, Superb Owl: Does a space make a difference in a trademark?

Can a space make a difference? This article explores the impact a space can make on the commercial impression of a trademark.

Philly Special Trademark Applications Filed

Following the Super Bowl, several applicants have already thrown their hats in the ring to secure exclusive rights to the phrase “PHILLY SPECIAL,” or a variation thereof, the likelihood of successfully making it past the goal line, in many cases, is slim.

“I’m a Shithole, Mr. President!”: A New Era of Offensive Trademarks

Now that the offensive ban has been deemed "unconstitutional," the floodgates are open for offensive trademark, including applications including offensive words used by the President of the United States.

Is This Trademark Infringement? ‘Millionaire Reader’ Case Shows Limits to Trademark Law

Not every use of a trademark similar to a previously used trademark is infringement - even if its for the same words and the same goods and services. A case from a Texas federal court emphasizes the need to analyze a potential infringement in depth before attempting to enforce trademark rights.

Makeup Manufacturer Hard Candy drops Trademark Application for #MeToo

Makeup company Hard Candy learned the hard way that a simple trademark application can quickly turn into a PR nightmare. Hard Candy isn't the first (and won't be the last) company to get in trouble for attempting to claim exclusive rights in a grassroots phrase, but the backlash is still significant (and may have been avoidable.)