Trademark Attorney Services for Your Baton Rouge Business

The top 5 questions Baton Rouge businesses have about obtaining a trademark.

How is a trademark different than other forms of intellectual property?

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.

How can I figure out if my preferred name is available for registration?

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.

What is a trademark specimen?

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.

Is using a DIY registration website just as effective as working with a trademark attorney?

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.

When can I begin using the ®symbol?

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.

Common misperceptions about trademarks heard around Baton Rouge, LA.

I have common law rights to my mark, so I don’t need to register with the USPTO.

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.

I’ve invented a product, so I need to protect it with a patent, not a trademark.

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.

I can register a trademark even if I have no plans to use it in commerce.

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.

I don’t have the time to monitor my trademark, and it’s not that big a deal if someone else uses it too.

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.

My federally registered trademark will protect me in disputes anywhere in the world.

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.