Trademark Law Firm in Washington, D.C.

Gerben Law Firm PLLC

1615 L Street NW
Suite 650
Washington, District of Columbia 20036
USA

(800) 281-6275

www.gerbenlaw.com

Contact Josh Gerben Esq.

Law Firm Overview Free Consultation

Gerben Law Firm, PLLC, based in Washington D.C., does trademarks (and nothing else). It is our goal to give clients a breath of fresh air when working with our law firm. We prefer fair flat rates to the billable hour, we prefer to give clients a direct phone number to their trademark attorney instead of to an assistant, and, we do all this by providing top notch legal advice.

We only offer one trademark registration package because we do not believe in doing only "partial" searches. Our U.S. trademark search reduces the likelihood that you will face a trademark infringement lawsuit. This is because we do a comprehensive federal, state and common law trademark search. We simply leave no stone unturned.

Trademark law in the United States is complicated. Even if you successfully register a federal trademark, you may be surprised to find you are not the only one with rights to the U.S. trademark. Trademark rights may also be earned through registration with any of the 50 state governments or through use of the trademark in commerce (commonly known as “common law” rights). This is why our trademark law firm offers comprehensive trademark search which, in addition to searching the U.S. Government’s federal trademark database, includes a trademark search in all 50 States trademark databases as well as “common law” databases.

Moreover, once we complete your search, trademark attorney Josh Gerben will hand-draft and file your application. This helps to ensure that your trademark application is not denied because of a technicality and that your application provides you with the broadest trademark rights available.

Languages: English

Practice Areas

Intellectual Property

Litigation

Trademark

Additional Practice Areas: Trademark Search & Registration; Trademark Monitoring; Trademark Renewals; Trademark Office Actions; Trademark Opposition Proceedings; Trademark Enforcement / Litigation.

Practice Areas Description

Gerben Law Firm provides clients with a full suite of trademark services.

- Trademark Search & Registration

Our package includes: Comprehensive federal, state and common law trademark search to ensure no pre-existing trademark could cause the denial of your application; A complimentary second comprehensive trademark search if the first search finds a potential conflict for your trademark; Opinion letter, drafted by trademark attorney Josh Gerben, explaining the trademark search results; Telephone consultation with trademark attorney Josh Gerben regarding the search results and trademark application; Drafting and filing of your federal trademark application; Tracking of your trademark application once filed with the US Government; Responding to any non-substantive Office Actions on your behalf; Mailing your trademark registration certificate upon receipt from the US Government.

- Trademark Monitoring

Once you achieve trademark registration, you have been granted very important and powerful rights in your trademark. That being said, you have several legal responsibilities as a trademark owner. If you do not meet these responsibilities you can lose the rights you have earned in your trademark. Most importantly, US trademark law requires that trademark owners actively police their trademark(s) in the marketplace. Failure to police your trademark(s) and notify others of your rights (should infringement occur) can result in complete loss of your trademark rights. I recognize that you have already invested a good deal of resources into attaining your trademark rights. To ensure we properly protect this investment, I offer a Trademark Monitoring Service to ensure that you properly maintain your trademark rights. Gerben Law Firm's trademark monitoring services provide a piece of mind at a nominal fee.

- Trademark Renewals

Additional filings are required to maintain the registration of a trademark. If you do not make these filings your trademark will be considered abandoned by the US Government and all of your federal registration rights will be lost. Specifically, there are filings due between the fifth and sixth year of ownership, at the tenth year of ownership and every ten years thereafter. The US Government will not notify you of these requirements. It is completely your obligation to make these filings. If you think an additional filing may be due for your trademark please complete the quote form on this page and a trademark attorney will respond within 24 hours and provide you with a flat rate quote to handle any filing that may be due.

- Trademark Office Actions

Not all trademark applications go smoothly. If the US Government has any concern with your application they will issue a notice called an Office Action. All Office Actions are different. Some represent a denial of your application. Others are just a request for clarification or additional information. That being said, an Office Action must be responded to within six months of the date the US Government issues it. Moreover, the US Government will not remind you that the deadline is approaching to file an Office Action response. If you do not respond your application will simply be abandoned and all of your rights (and filing fee) will be lost. We can help you respond to any Office Action. Whether it is responding to an administrative request, fixing a technical requirement with the application or appealing a denial of your application, we can help.

- Trademark Opposition Proceedings

All trademark applications go for a 30 day period of opposition. This means that anyone (another person or company) can oppose the registration of an application. The trademark opposition process is meant to give third parties a chance to oppose an application that the US Government would have otherwise registered. If you receive a notice of opposition you must respond. If you do not, a default judgment will be entered against you and your application will be canceled by the US Government. A response can be in the form of an answer or simple negotiation (depending on the case and circumstance). As your trademark opposition attorney, Josh Gerben can represent you in any trademark opposition matter before the United States Patent and Trademark Office.

- Trademark Enforcement / Litigation

We prosecute trademark infringement on behalf of clients and also defend clients from trademark infringement lawsuits. If you are in a position where someone is infringing on your trademark rights or has claimed you are infringing on your trademark, we can help. Gerben Law Firm provides clients with trademark enforcement services to ensure clients that their trademark rights are protected.