Gerben IP’s Trademark Blog

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

How To File a Trademark – Trademark Filing Process Considerations

One of the first steps you should take to protect your brand is to file a trademark on items such as your name, slogan and logo.  This is done by submitting a trademark application to the United States Patent and Trademark Office (USPTO). You (or preferably your attorney) can file a trademark through an online portal on the USPTO website. […]

How To's, International, International Registration

Information Required From a Foreign Company To File a United States Trademark Application

Gerben IP 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 IP’s local counsel trademark services to apply for a trademark in the United […]

Government, In The News

Breaking: Federal Circuit Holds Ban on Offensive Marks Unconstitutional

NEED TO REGISTER YOUR TRADEMARK? Gerben IP has registered over 6,500 trademarks since 2008. Contact our attorneys about our flat-fee trademark search and registration package. Contact Our Attorneys The Federal Circuit held today that the U.S. trademark law’s ban on offensive and derogatory marks is unconstitutional, following a similar decision by the Supreme Court earlier this year. Several months ago, […]

The Basics, Trademark Filing

What is an “Intent to Use” Trademark Application?

There are a number of factors a business owner must consider when plotting their trademark filing strategy.  Even after the perfect name, logo, and/or slogan has been created, you are then faced with the question of, “What type of trademark application do I file with the United States Patent and Trademark Office (USPTO)?” Although, in general, trademark rights are established […]

The Basics, Trademark Renewal

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 9th and 10th anniversary of your […]

Industries, Technology

Meeting the “Use in Commerce” Requirement for a Cloud-Based Software Trademark

When filing a trademark application for a cloud-based application, you are required to make dozens of legal decisions in order to successfully protect and register your trademark with the United States Patent and Trademark Office (the USPTO.) One of the most difficult decisions is analyzing whether you have “commercial use” of your trademark that meets the USPTO (and the federal […]

How To's, Industries, Technology, Trademark Protection

How to Meet the “Commercial Use” Requirement For an App Trademark

Did you know? Cloud software and “software-as-a-service” are in a different category (called a “class”) then downloadable software? Contact one of our trademark attorneys, if you need help. Contact Our Attorneys 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, […]

Apparel & Accessories, By Industry Type, How To's, Industries

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. “Use?” […]

The Basics, Trademark Ownership

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 many aspects of running a […]

The Basics, Trademark Filing

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 available for everyone to see.  For […]

In The News, International, International, Madrid Protocol

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 are not, the Madrid Protocol is […]

How To's, Industries, Music, Trademark Protection

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 Office (the USPTO.) Should I […]

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