*Please note that while Gerben Law Firm is not located in Las Vegas it can assist businesses from Las Vegas in registering a federal trademark because it is a federal matter.
Gerben Law Firm, PLLC is a trademark law firm that was created by Josh Gerben. Mr. Gerben’s trademark focused firm represents a wide range of clients all over the United States, including the city of Las Vegas. Gerben Law Firm’s trademark services include trademark search, trademark application, trademark registration as well as trademark monitoring and trademark renewal services.
What a few of our customers are saying:
“ I have to say Josh is one of the most professional people I have ever dealt with. Not only does he do a great job in effectively getting things done, Josh relates to you as a person and truly has a concern for what you are trying to accomplish. I had confidence in Josh from our very first conversation and have filed several trademarks with him over the past couple years. I have referred several of my personal friends to him because I know they will be in good hands. Josh is definitely on top of his game!”
– John Zack, CEO
HerbWorks.com – Near Las Vegas, Nevada
Las Vegas, Nevada is known as “Sin City” because of its many businesses which cater to a litany of vices. It’s interesting to note, however, that while the products or services these companies offer may be scandalous, most of the names which represent these companies are not. This is because in order to receive federal recognition of your trademark it cannot be “immoral” or “scandalous”.
Indecency is one limitation to achieving a federal registration, but there are other reasons. So let’s use Las Vegas Nevada as our jumping off point to go over which types of marks the United States Patent and Trademark Office (USPTO) would not allow you to register.
Immoral or Scandalous: Your trademark cannot be registered if it is considered immoral or scandalous. A common example is a trademark that may contain a vulgar or curse word. These types of trademarks will be refused registration by the USPTO.
Living Persons: I could not create a shirt company called “Siegfried & Roy Shirts” (assuming they hadn’t already registered their mark) and attempt to sell the clothing anywhere, let alone Las Vegas Nevada. This is because a trademark cannot comprise of a name, portrait, or signature identifying a particular living individual except by their written consent.
Seal or Flag: You cannot use a trademark which consists of, or comprises, the flag of the United States. So would this apply to Evil Kneivel, the staple of Las Vegas Nevada stunts in his stars and stripes suit? The answer is: depending on how the stars and stripes were depicted on his uniform. If it was a big flag on his back, no he wouldn’t be able to register the trademark. If, however, the flag was in a unique form, that is to say an artistic interpretation of the flag, Kneivel would potentially be able to trademark the logo.
Items that are not permitted by federal law: A common question I receive is whether or not you can register a trademark for a brand of medical marijuana. The answer is not yet. While many states have approved the sale and use of medical marijuana, the federal government has not. Therefore, if you apply for a trademark for a brand of medical marijuana it would be refused because the goods cannot be traded in lawful commerce.
These are just some of the trademarks that you could not register. If you are a Las Vegas based business and have any further questions about whether or not your trademark can be registered, please give me a call.