Gerben IP’s Trademark Blog

By Industry Type, How To's, Industries, Medical, Trademark Protection

How to Protect Your Marijuana Brands and Trademarks

Brand protection should be one of the highest priorities for both new and existing businesses. But what happens when the product that you are selling is legal in your state, but illegal at a federal level? As more and more states legalize recreational and medical marijuana, it seems like the nationwide approval of marijuana and cannabis-derived product sales is inevitable. […]

How To's, International, International Registration, Madrid Protocol

How to Avoid a Madrid Protocol Trademark Registration Refusal in the United States

The Madrid Protocol is an international filing system that allows members of the Protocol to file in multiple jurisdictions using the same, streamlined system. Although this system is often cheaper and easier than filing in each country individually, there are a number of common issues that a Madrid Protocol applicant can run into when it files to extend its protection […]

The Basics, Trademark Ownership

Should a Holding Company Own My Trademark?

Typically, the company that creates the trademark and applies it to their products or services is the company that owns the trademark and any resulting trademark registrations. If the ABC Company starts selling a new gadget it created and manufactured called the PsySpinner, then the ABC Company would be the likely owner of the PsySpinner trademark. However, for a number of […]

How To's, The Basics, Trademark Protection, Trademark Protection

Protecting the Brands of Video, TV and Movie Production Companies

Production companies for television and movies often use short animations to represent their companies. These are typically called production logos or vanity cards. Many of the production logos have become instantly recognizable. Whether it’s Disney’s animation of a star slowly arching over the Disney castle as “When You Wish Upon a Star” plays, or the iconic roaring of a live […]

How To's, The Basics

How to Use, Maintain, and Protect a Trademark Registration

Once you have completed the process of applying for and being granted a trademark registration with the U.S. Patent and Trademark Office (USPTO), a trademark owners’ responsibilities are not over. Requirements exist for keeping your trademark registration valid once the registration has been issued by the U.S. government. There are several important things to remember to properly use, maintain, and […]

How To's, Trademark Protection

How to Stop Counterfeits at the Border: Recording Your Trademark with Customs and Border Protection

The U.S. Customs and Border Protection division of the Department of Homeland Security has a program that allows U.S. trademark registration owners to provide information to border agents to identify and stop counterfeit goods from entering the country. This program, called the Intellectual Property Rights e-Recordation program, can give brand owners a powerful shield against counterfeiters. If a US trademark […]

In The News, Pop Culture, The Basics, Trademark Ownership

Who Owns L.A.? Why L.A. Gear’s Campaign to Monopolize the “L.A.” Trademark Will Likely Fail

L.A. Gear, the shoe brand most well-known for its introduction of lights embedded in the soles of its sneaker, has been very busy over the years at the U.S. Patent and Trademark Office (USPTO). While the brand does not enjoy the pop-culture status it once had in the 80’s, its continued robust trademark enforcement campaign has raised eyebrows. Recently, L.A. Gear […]

Apparel & Accessories, Industries

Protecting the Name of Your Etsy Store

Etsy is one of the biggest “hand-made” marketplaces in the word. However, very few sellers go through the process of protecting their Etsy store names through trademark law. As a result, Etsy sellers could be missing out on the chance to grow their business in Etsy and beyond into other marketplaces by not properly protecting their names as trademarks. Protecting the […]

In The News, Pop Culture

Nickelodeon Doubles Down on “Double Dare” Trademark Dispute

A trademark battle, perhaps with slime included, is in the works. If you grew up in the 80s, chances are you heard about a game show called “Double Dare” where kid contestants had to complete crazy physical challenges, and would most likely end up getting slimed (at least once) by the end of the show.  Since its heyday, the show has […]

Food & Beverage, In The News

Examining the Validity of the Trademark Application for IHOB filed by IHOP

A marketing strategist’s job is to come up with clever, attention-catching brand strategies and marketing campaigns to generate publicity. Although the International House of Pancake’s (IHOP) recent name-change stunt did just that, the trademark legal strategy behind the name for the Los Angeles-based company raises some questions. According to media reports, consumers’ interest in IHOP’s main menu item-pancakes- was recently […]

How To's, International, International Registration

How to Register a Swedish Trademark in the United States

International brands are a part of the fabric of the United States marketplace. Some of the biggest brands in the US are owned by foreign companies, and, because of the sheer size of the market, new brand owners are always trying to find footholds in the United States for their products and services. Despite having the same population as the […]

In The News, Sports

How the Philadelphia Eagles Fumbled a ‘PHILLY SPECIAL’ Trademark Filing

The “Philly Special” stands for more than just the name of a football play. To many Philadelphia Eagles fans it will be forever linked with the Eagles’ first Super Bowl title. Although the PHILLY SPECIAL was a flawlessly executed play, the same cannot be said for the Philadelphia Eagles’ handling of its trademark application for “Philly Special.”  For starters, it […]