Baton Rouge Trademark Registration
Baton Rouge Trademark Registration
We have been assisting entrepreneurs, established businesses and other lawyers with trademarks since 2008. We are very proud of the fact that our firm’s representation has resulted in the successful registration of more than 7,500 trademarks with the USPTO.
We offer a full range of trademark, copyright and patent services to entrepreneurs, established businesses and other attorneys (on behalf of their clients). We can assist clients in all 50 U.S. states and from countries around the world.
*Please note that while Gerben IP is not located in Louisiana, it can assist businesses from Louisiana in registering a federal trademark because it is a federal matter.
Trademark attorney Josh Gerben founded Gerben IP to provide reasonable, flat-rate trademark services for businesses of all sizes. Since opening his doors in 2008, Gerben and his team have worked with thousands of clients across the United States, including the Baton Rouge area.
Our boutique law firm provides a suite of professional trademark services, from trademark registration to monitoring, and more. Whether you plan to provide dry cleaning services in Perkins or expand your janitorial business in Sherwood Forest, Gerben IP is ready to assist you.
|# of Trademarks Filed
|# of Trademarks Filed
It’s never been a better time to own a business in Baton Rouge. If you plan to open your own business in this beautiful college town, consider working with an experienced trademark attorney to register and protect your valuable trademarks.
Imagine this scenario: Stuart and his family love relaxing in their backyard pool, and over the years, he’s learned the best ways to clean and maintain it. To make some extra money, Stuart decides to offer his pool cleaning and maintenance services to friends and neighbors on evenings and weekends. He creates flyers using the name Crystal Clear Pool Services and gets to work making appointments. Stuart has heard of trademark registration before, but he thinks that’s something for big businesses, not side hustles.
In a short amount of time, Crystal Clear Pool Services is so busy, Stuart decides to take the leap and make it a full-time business. He invests in creating a website, designing marketing materials, and wrapping his truck with the logo he’s created, but then he learns some devastating news. Another company out of New Orleans has been using the name Crystal Clear for their pool company for years, and since they registered with the USPTO, they are well within their rights to ask Stuart to stop using it. Now Stuart must take on the costly and time-consuming effort to rebrand his business.
The three main forms of intellectual property are trademarks, patents, and copyrights. A trademark can be anything that represents your brand in the marketplace, including things like logos, slogans, business names, and product names. Patents, on the other hand, protect new and novel inventions, and copyrights protect works of authorship, including art, novels, and song lyrics.
The United States Patent and Trademark Office, or USPTO, will not approve your trademark if a confusingly similar mark is already in use. In order to reduce the likelihood that your mark with conflict with an existing mark, you’ll need to conduct a comprehensive trademark search. Work with your trademark attorney to find any registered marks that may cause a likelihood of confusion in the marketplace. If similar marks are found, you can make changes and find a mark with fewer potential conflicts before filing your application.
A trademark specimen is simply a sample of how your trademark will be used in association with the trademark classes you’ve selected. For example, if you are registering a logo for your skin moisturizer, the product label containing your logo could be used as the trademark specimen. If you provide a service, like IT work, your specimen could be a business card or website including your logo and the services you’ll provide.
While using a DIY website may seem like a budget-friendly decision, it may not be the best decision for your business long term. The process to register a trademark is both detailed and time-consuming. Rather than taking your focus off your business to conduct a search, draft your application, and respond to office actions, engage a trademark attorney. Your attorney can take on the tasks of registration while you can continue to grow your business. Working with a trademark attorney may also increase your likelihood of approval. A study by the University of North Carolina found that trademark applications submitted with the help of a trademark attorney were up to 50% more likely to be approved than applications submitted without an attorney’s assistance.
The ® symbol is reserved for trademarks registered with the USPTO. Only use this mark once your trademark registration has been approved. Using ® on your logo, business name, or other marks before they are registered is considered a fraud and is grounds for cancellation of your application. While your application is pending, you are free to use the ™ symbol.
You will have some basic rights to your mark the moment you use it in public, but these common law rights were designed to keep local competitors from infringing on each other, and they won’t protect you in disputes outside the Baton Rouge region. You’ll also face more challenges asserting your trademark rights in legal proceedings. In order to have the presumption of validity nationwide, you need to register your trademark with the USPTO.
Your product likely needs both protections. For example, the novel design and functionality of your product should be protected through patent registration, but your product name, business name, and logo are all trademarks that should also be protected through registration.
The USPTO will only approve your trademark registration if you are currently using your mark in commerce or you plan to do so in the near future. If you aren’t able to demonstrate use in the marketplace or intent to use within the timeframe set by the USTPO, your trademark application may be rejected.
Business owners are extremely busy, but monitoring your trademark’s use and taking legal action when needed is critical to maintaining control of your brand’s reputation in the marketplace. Fortunately, most trademark attorneys, including those at Gerben IP, offer monitoring services and can assist you in asserting your trademark rights in court when necessary.
Your U.S. trademark will only protect you in disputes that occur within the United States. In today’s global economy, however, it’s quite possible that you’ll do business outside the U.S., either through sales, manufacturing, or distribution. If you are doing business in another country, it’s important to register your mark in that country as well.