The cost to register and renew a trademark is going down. As of January 17, 2015, the USPTO is changing the filing fees for trademark applications by lowering (yes, lowering) them by $50. TEAS applications will now cost $275 per class (down from $325), while the less common TEAS Plus application will cost $225 per class […]
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.
Trademark Oppositions: What Should You Do If Your Trademark Application is Opposed?
As a business owner or individual filing for a trademark, you will pay all of your fees and patiently wait several months for a trademark examining attorney to review your application. At the end of the examination process, if your application meets all of the criteria for registration, the examiner will publish your application for […]
How to Trademark A Phrase
There’s more to your company’s identity than just your name and logo. When you think of some of the biggest brands out there, they almost always use some kind of phrase to supplement and summarize their identity: a slogan, tagline, catchphrase, or company motto. Done effectively, these phrases can contribute as much to the perception […]
Beer, Wine & Spirits
3 Steps to Protecting Your Microbrew’s Name and Brand
From ales to lagers beers, microbrews and the breweries that produce them are experiencing booming success regionally and across the country. Microbrew drinkers are now more like connoisseurs as they seek out their next favorite flavor profile, taking note of the subtleties of each drink. Whether you’re a small, “backyard” type operation producing just a […]
Apparel & Accessories
Why Should I Hire An Attorney to Help Trademark My Clothing Brand?
As an entrepreneur, the idea of starting a clothing line is a very attractive one. It allows you to combine your creative drive with your business acumen – two qualities that most entrepreneurs possess in abundance. Starting out, however, many entrepreneurs who are interested in the fashion and apparel industries may underestimate the importance of […]
In The News
TTAB Likelihood of Confusion Case: KORD Confusing Similar to KORDZ
In re MS Electronics LLC, Serial No. 85755706 (December 5, 2014)
Can You Trademark A Catchphrase?
A good catchphrase can go a long way toward establishing a recognizable brand for an individual, a character, and/or a business. For a business, a catchphrase is typically thought of more as a slogan, but what about something that’s frequently spoken by a person, say, in the course of their profession, or as part of a performance?
TTAB Generic Trademark Refusal: PC LAPTOPS is Generic for Computers and Computer Retail Stores
Generic words for goods and services can never gain trademark protection. Think THE BANK for a bank, FARMER’S MARKET for, say, a farmer’s market, or PC LAPTOPS for computers. The TTAB’s affirmed an examiner’s refusal, holding that the phrase PC LAPTOPS is generic for computer products and services. PC Laptops LLC filed two different applications […]
Supreme Court Hears Oral Argument on Case With Significant Implications for TTAB Litigation
On Tuesday, December 2nd, 2014, the Supreme Court heard oral arguments from the parties in B&B Hardware vs. Hargis on whether the Trademark Trial & Appeal Board’s findings on the issue of likelihood of confusion should preclude the parties from re-litigating the issue in federal court. This ruling could have major implications on the weight […]
Food & Beverage
TTAB Descriptive Trademark Refusal: CURBSIDE DELIVERY Descriptive for Grocery Delivery Services
In re Phoenix Intangibles Holding Company, Serial No. 85849629 (November 7, 2014) [not precedential] The Trademark Trial & Appeal Board delivered their opinion affirming an Examining Attorney’s refusal of applicant’s mark CURBSIDE EXPRESS for “retail and on-line grocery store services featuring home delivery” on the grounds that the mark was “merely descriptive.” Under Section 2(e)(1) […]
By Industry Type
3 Steps to Trademark A Restaurant Name
Did you know that some of the most successful restaurant chains and franchises in the world got their start as locally owned small businesses? From as few as one or two independently-operated locations, these restaurants grew to become household names the world over. Once these businesses began to grow and be more nationally successful, their […]
Should I Trademark My Business Name?
As an entrepreneur, you know that it’s important to be concerned with every aspect of your business, from your product or service to your brand to your balance sheet. Often, in the interest of the latter, owners will take stock of the costs and benefits of every expenditure, and may wonder whether a trademark for […]