Gerben IP’s Trademark Blog

Copyrights, Patents, The Basics, Trademark Ownership

Can Intellectual Property Be Sold?

Just like any other kind of property, intellectual property is able to be bought and sold. Unlike physical property, however, there is an added complexity to IP transactions that coincides with the transfer of the intangible value that it possesses. The price tag set on your trademarks, copyrights, or patents is determined by numerous factors, such as market- and cost-based estimates, […]

General, Industries

How to Protect Your Food Truck’s Trademark

Food trucks seem to be on every corner, and the outdoor, mobile nature of the services makes it an ideal way to launch a new concept for food and drink. The food truck industry is experiencing exponential growth, with an estimated 26,000+ food truck companies in the United States. With COVID-19 pandemic-related social distance and maximum occupancy restrictions, mobile food […]

General, Medical, Trademark Protection

Combating Counterfeits Through Strategic Trademark Filings

In late 2020, pharmaceutical and biotechnology company Moderna applied to register a simple design used on the packaging for its COVID-19 vaccine with the USPTO. My first reaction as a trademark attorney: Why would you apply for that? The mark is not highly distinctive and would not add much over existing registrations for MODERNA. Then I remembered: Counterfeits. One of […]

In The News, Pop Culture

Taylor Swift Files 25 Trademark Applications for “TAYLOR’S VERSION”

Taylor Swift’s company, TAS Rights Management, filed 25 trademark applications on February 10th and 11th for variations of “TAYLOR’S VERSION.” Swift announced that she will be re-recording all six albums made under her previous label, Big Machine Records, all of which have since been sold to Shamrock Capital. Not only did Swift file “TAYLOR’S VERSION” trademark applications for the Fearless […]

Chinese Trademarks, International

How to Protect Trademarks in China

China, home to one of the largest economies in the world, is often a business’s first target when looking to file international trademarks. However, the rigors of successfully filing and maintaining a trademark registration in such a competitive market are many. In order to protect your trademark in China, it is imperative that you understand the complexities of the Chinese trademark […]

The Basics, Trademark Infringement

What to Do If Your Trademark is Infringed Upon

The primary motivation for seeking a trademark registration is often the protection that it can provide, typically in order to prevent infringement upon the registered mark. Regardless of the circumstances, dealing with trademark infringement when it does occur can be a daunting task. So, what should you do if another party is using your trademark? Fully evaluate the situation, put […]

The Basics

Overview of Intellectual Property Laws

When discussing the trademarks, copyrights, and patents that may be needed for your business endeavors, the phrase “intellectual property” may also accompany these conversations. As you look to safeguard the brand you have built, it is critical to know how intellectual property law applies to your company. At its core, intellectual property law seeks to preserve the rights that creatives and […]

General

Law Firm Donations to Republicans Who Objected to the Electoral College Count

Following the January 6 riot on Capitol Hill, many Republican members of Congress still proceeded with objecting to the 2020 electoral college count. The actions taken by these members of Congress clearly threatened the United States’ sacred tradition of a peaceful transfer of power.  In response, many companies have agreed to cease future political donations to these politicians. According to OpenSecrets.org, […]

General, In The News, Sports

NFL Opposes XFL’s Trademark for Houston Roughnecks Logo

The NFL, which still owns trademark rights around the Houston Oilers trademarks, has filed an opposition against the XFL’s trademark application for the Houston Roughnecks logo. In the documents filed on December 28, the NFL contends that the Roughnecks logo is too similar to that of the former Houston Oilers team. The Houston Oilers Logo vs. The Houston Roughnecks Logo […]

International, The Basics, Trademark Filing

How Much Does It Cost to Register an International Trademark?

For any growing company, pursuing business ventures outside of their home country is a natural progression of their expansion. Once your business has begun to consider commerce across borders—or, perhaps, has already started investing in international pursuits—it is time to consider what protections are in place for the business name and branding elements that are working so diligently for you […]

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

Steps to Trademark Your Logo as a Philly-based Business Owner

Your logo is one of the most distinctive and significant parts of your business’s branding—visually appealing and eye-catching, a standout logo often acts as a key identifier for the product or service it represents. Because of this, goodwill toward your business and its offerings are associated with that logo. As a business owner in Philly, you are sure to understand […]

The Basics, Trademark Filing

What Should I Trademark?

As you research and explore the trademark registration process and how it applies to your business, questions are sure to arise. While there are many helpful articles that articulate each step necessary to achieving a trademark registration, it is just as important to understand what should be trademarked as it is to know what can be trademarked. If you are […]

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