A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used–even though they have never been federally registered–can all be considered common law trademarks. The rights associated with common law trademarks are regionally limited and not as easily enforced […]
Gerben Law Firm's Trademark Blog
This trademark blog and informational section of the website is meant to provide you with answers to commonly asked questions about trademark searching, filing, and registration.
The Trademark Registration Process for Businesses Based in Philadelphia
There are several motivations behind applying for a federal trademark registration–legal objectives, practical reasons, and national deterrence are all primary considerations when filing for a trademark. As a Philly-based business, you are a competitor in the epicenter of one of the East Coast’s largest cities, and investing in a trademark can be one of the […]
The 30 Percent Rule in Copyright Law
There is no 30% Rule and you should think twice before using someone else’s content.
Can I File My Own Trademark Application?
Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application. However, just because you can doesn’t mean you should–while the lack of initial legal fees may be appealing, filing an application without the assistance of a trademark attorney often […]
USPTO Rule Change Subjects Trademark Applicants to Unwanted Emails
The United States Patent and Trademark Office (USPTO) recently revised a rule that now requires trademark applicants to include an email address in their trademark application, even if they’re represented by an attorney. This is a massive departure from the original rule in which a law firm could provide their own email address, rather than […]
Can You File a Trademark on Your Own?
Question: Can you file your own trademark application? Answer: Yes, you can file a trademark application on your own. However, there are a number of good reasons you should hire a trademark attorney to assist you with the registration. Mainly, there is a huge difference in the success of applications that are filed with attorneys […]
Overview of Trademark Filing Fees
Each trademark registration is different, based on the type of application filed and the number of international classes included. However, basic filing fees are as follows: TEAS Plus application–$225 per class TEAS RF application–$275 per class TEAS Regular application–$400 per class Read on to learn more about these applications and additional fees associated with filing […]
When Should I Trademark My Business Name?
Question: When should you trademark your business name? Answer: Immediately. A trademark application for a business name should be filed as soon as possible because the filing date of your federal trademark application becomes the federal priority date of your trademark. This means that if you file a trademark application on January 1, and somebody […]
Can You Purchase a Trademark?
Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate. That said, there are very specific requirements for purchasing a trademark and acquiring a proper chain of title. If you […]
The Main Types of Intellectual Property
There are three main types of intellectual property: A trademark is anything that represents a brand. Words, logos, and slogans are common trademarks. A copyright protects works of authorship, including novels, poetry, art, and music. A patent protects aspects of an invention, which can include both functionality and design. 1. Trademarks So what is a […]
What is a Dead Trademark?
Question: What is a dead trademark? Answer: In the USPTO’s trademark database, records listed as “DEAD” no longer have any federal trademark registration rights. Here are the three most common reasons that trademark filings become dead: 1. The initial trademark application never matured to registration. When a trademark application does not mature to registration, whether […]
What Can and Cannot be Trademarked?
A trademark is something that represents your brand in the marketplace. Typically, business or product names, logos, or slogans are registered as trademarks. Items such as distinct product packaging, colors and sounds may also obtain trademark protection. The USPTO will not grant registration for generic or descriptive terms or anything that may be confusingly similar […]