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 […]
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.
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 […]
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 […]
Can You Use a Trademark That Has Been Rejected by the USPTO?
Question: Can you use a trademark that has been rejected by the USPTO? Answer: Yes. If your trademark has been refused by the USPTO, you can still use it in the marketplace. However, if it was refused because the government considered it to be too similar to another mark, then it’s important to study the judgement carefully […]
What Is the Correct Filing Basis for Your Trademark?
What filing basis should you use in your trademark application? This is one of the most complicated and technical questions in any trademark application. First, you tell the government what trademark you’d like to register, then you answer the question about what goods and services you’re going to be providing under the trademark. After that, […]
Once I File My Trademark Application, Can I Add Additional Goods and Services Later On?
Question: Once I file my trademark application, can I add additional goods and services later on? Answer: No. Once a trademark application is filed, you may no longer add additional classes to it. If you need to protect your trademarks for new product or service offerings, you must file a another, separate application. A typical […]
Do I Need to Hire a Trademark Attorney Near Me?
Question: Do I need to hire a trademark attorney near me? Answer: No. You can hire a trademark attorney from anywhere in the United States to help with your United States trademark application. Unlike other areas of law, trademark law is federal in nature, meaning attorneys can assist clients in any state. At Gerben Law […]
Do I Need to File Multiple Trademark Applications for Different Versions of My Logo?
Question: Do you need to file multiple trademark applications for different versions of your logo? Answer: Typically, you do not need to file trademark applications for various different versions of your logo. In most cases a single filing on the version of your logo used in the masthead of your website or the packaging […]