Gerben IP’s Trademark Blog

The Basics, Trademark Filing

What is a Combined Section 71 & 15 Declaration?

If you obtained U.S. trademark protections through the Madrid Protocol, you may be wondering when and how to renew your valuable US trademark registration. Between five and six years from the date your trademark was registered by the USPTO, you will need to submit a Section 71 Declaration of Use, and, if you meet the requirements, you may also file a […]

Sports

NIL Laws: How College Athletes Should Protect Their Name, Image and Likeness

For years, the debate surrounding college athletes’ monetization of their NIL–a commonly used acronym that represents name, image, and likeness–has prevented student athletes from capitalizing upon their on-field success and profiting from their collegiate athletic careers. Numerous states including California, New Jersey, and Florida have now passed legislation to provide college athletes with the right to profit from their name, […]

Canadian Trademarks, How To's, International, International Registration

How to Trademark a Name in Canada

Many business owners looking to move into the North American marketplace start with the United States; however, once established in the US, it may be a worthwhile endeavor to set your sights on the neighbor to the north. Canada’s vastness in both size and economy make it a logical next step when building your worldwide intellectual property portfolio. In order to […]

General

Steps to Trademark Registration for Miami Businesses

Your business is growing–online orders are being placed like never before, your storefront has a line around the corner, and the inquiries are pouring in. One of the best ways to encourage this growth and protect the company you have built is by registering the most prominent parts of your brand–your business name, logo, and even slogan–as a federal trademark. […]

General

Beyond the Visual: The World of Sound Trademarks

Trademark law has all kinds of interesting nooks and crannies that go further than the traditional word and design marks that are most commonly seen; beyond the letters and logos are sound marks, which capture a distinctive intonation within a registration. These rare marks are not often filed–in fact, only about fifty sound applications were submitted in the entirety of […]

The Basics, Trademark Ownership, Trademark Renewal

What is a Combined Section 8 & 15 Declaration?

As the owner of a registered trademark, you understand that maintaining your registration to preserve the integrity of your intellectual property is a crucial responsibility of that ownership. When your first courtesy reminders from the USPTO begin popping up, they may contain unfamiliar words or phrases—and one of these is likely to be in regards to a “Combined Section 8 & […]

The Basics, Trademark Filing

What is the Priority Date for a Trademark Registration?

When filing a trademark application, there may be new terms and legal jargon that pop up that are not familiar to you. One of these phrases might be “trademark priority”—what exactly does it mean, and how does it affect your trademark rights? Trademark priority examines how long the trademark has been actively used in commerce and can help to determine if […]

Digital, General, In The News

Comprehensive List of NFT Trademark Filings

Non-fungible tokens (NFTs) are rising in popularity.  This has lead to an increase in the number of trademark filings around NFT brands at the USPTO. NFTs represent unique digital items such as digital art, audio, video, and other creative works that can be purchased using blockchain technology. Entities who have filed trademark applications for NFTs include: Mattel Inc, Luka99 Inc (Dallas […]

In The News, Sports

WNBA Abandons “WUBBLE” Trademark After Challenge From WUBBLE Ball

Last year, the WNBA filed a trademark application for “WUBBLE.” This was the WNBA’s version of the “Bubble” for the WBNA’s season in 2020. While the WNBA’s application was approved by the USPTO for registration, in January 2021 and the makers of the WUBBBLE Ball subsequently filed an “extension of time to oppose” the application.  This is typically the first […]

How To's, International, International Registration, United Kingdom Trademarks

3 Steps to Trademark a Logo in the U.K.

Your logo is one of the key elements of your branding. Through its stylization and design, it embodies your business and helps your products and services standout to your customer base. Something this valuable to your company necessitates protection, and one of the best ways to safeguard your logo is obtaining a trademark registration for it. For those doing business across […]

General, In The News, Sports

NCAA Seeks Cancellation of “VASECTOMY MAYHEM” Trademark

The NCAA has filed a Petition for Cancellation against the trademark owned by a Virginia Urology practice for “VASECTOMY MAYHEM.” The registration was issued in September 2020 for vasectomy services. Now, what does the NCAA have to do with vasectomies? According to the cancellation petition, the NCAA alleged Virginia Urology started off by using “Vasectomy Madness” to promote its services […]

Food & Beverage, General, In The News, Pop Culture

Slaying the Monster: How a Minor League Hockey Team Beat Monster Energy and Registered Their ‘Cleveland Monster’ Trademarks

Monster Energy is known to have a significant trademark enforcement program around its ‘MONSTER’ trademark and associated logos.  In one notable case, Monster Energy ignited a six-year long trademark dispute with the Toronto Raptors by opposing the team’s trademark applications for a “claw-tearing-through-basketball” logo. The concern about Monster Energy’s trademark enforcement tactics is that they can be focused on small businesses, […]

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