Gerben IP’s Trademark Blog

Trademarks In The News

USPTO Will Likely Deny “NOprah” Trademark Application

A “NOprah” trademark filing is likely doomed under USPTO rules protecting living individuals—especially when that individual is Oprah Winfrey.

Trademark Protection

How To File a Trademark – Trademark Filing Process Considerations

A business owner must make many legal decisions to file a trademark. This article covers important decisions on how to file a trademark application,

US Trademark Registration for Foreign Entities

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

To file a US trademark application (as local counsel on behalf of a foreign client) we typically need the information discussed in this article.

Trademarks In The News

Breaking: Federal Circuit Holds Ban on Offensive Marks Unconstitutional

A Federal Circuit ruling strikes down the USPTO’s ban on offensive trademarks, expanding free speech rights and reshaping U.S. trademark law.

Filing Basis for Trademarks

What is an “Intent to Use” Trademark Application?

The benefits and drawbacks to filing an intent to use (ITU) trademark application

Trademark Attorneys

Should I Hire an Attorney For My Trademark Renewal?

Hiring a trademark attorney is critical to properly filing a trademark renewal and maintaining your federal trademark registration.

Proving Trademark Use In Commerce

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

Tips about how to comply with the commercial use requirement on a trademark application for web-based or cloud-based software programs and platforms.

Proving Trademark Use In Commerce

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

Protect your app trademark by submitting proper specimens and proving commercial use to avoid delays or loss of federal registration rights.

Proving Trademark Use In Commerce

How to Prove “Commercial Use” For a Clothing Brand Trademark

A “proof of commercial use” must be filed with the USPTO in order to finalize a trademark registration for a clothing brand.

Trademark Applications

Trademark Ownership – Who Should Own Your Trademark?

Trademark ownership is critical to the validity of a trademark registration. This article provides a crash course on trademark ownership and transfer issues.

Trademark Protection

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

Discover how companies use trademark filings strategically, from public disclosures to shell companies, to protect plans and manage competitive insight.

Trademarks In The News

Thailand to Join the Madrid Protocol

Thailand joins the Madrid Protocol, expanding international trademark protection to 115 countries—covering 80% of global trade.