New Orleans Trademark Registration
New Orleans 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 New Orleans, it can assist businesses from Louisiana in registering a federal trademark because it is a federal matter.
Trademark attorney Josh Gerben founded Gerben IP in 2008. Since that time, Gerben and his team of experienced trademark attorneys have registered trademarks for thousands of clients across the country, including the New Orleans area. We work with individuals and businesses of all sizes, so whether you plan to offer carriage tours in the French Quarter or you are growing your engineering firm in Slidell, our team is ready to assist you.
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New Orleans is a vibrant city with a strong history of entrepreneurship. Many new business owners in the New Orleans area focus on location, employees, and marketing. While all of these are essential to business function, protecting your business through trademark registration should also be a high priority.
Consider this scenario: Monica loves to drive past a beautiful estate in the Garden District on her daily commute. When she notices it’s for sale, she decides to follow her dream of buying it to run a bed and breakfast. She gets right to work renovating the home, buying a sign, and creating marketing with the bed and breakfast’s name. She chooses The Periwinkle Inn because of the beautiful flowers growing in the neighborhood.
Monica decides she is too busy with the renovation to focus on trademark registration, and this becomes a costly mistake. If she had taken the time to conduct a trademark search and register the mark, she would have learned that a boutique hotel was preparing to open near the French Quarter. Because the hotel owners registered their trademark in the early stages of business planning, they are well within their rights to ask Monica to delay her opening and rebrand the inn.
No matter how busy you are as a new business owner, you are never too busy to protect your business through trademark registration. Contact Gerben IP today to learn more about our reasonable, flat rate trademark registration services.
All three of these are forms of intellectual property, but each protects different things. Trademarks, for instance, protect anything that represents your brand in the marketplace, including names, logos, slogans, and even signature colors. Copyrights, on the other hand, protect works of authorship, like song lyrics, poetry, and art, while patents protect new and novel inventions. If you are unsure which aspects of your business should be trademarked, contact Gerben IP.
The United States Patent and Trademark Office, or USPTO, is a division of the Department of Commerce. The USPTO reviews applications for trademarks and patents and grants approval. They also maintain records for both patents and trademarks.
The trademark registration process takes about 8-10 months, on average, from start to finish. In some cases, though, it can take a year or more to gain approval from the USPTO. Fortunately, you will have some trademark benefits as soon as you submit your application. First, the date you file will become your priority date. Anyone looking to file a similar mark after that date will be rejected. Second, you’ll be able to use the ™ symbol while your application is pending.
The USPTO doesn’t require U.S. citizens to engage a trademark attorney at this time, but they strongly encourage it. That’s because the process to register a trademark requires many detailed legal decisions along the way, from conducting a trademark search to selecting the appropriate International Classes. Trademark attorneys are experienced in drafting applications correctly, and they’ll likely increase your chances of approval. In fact, a study by the University of North Carolina found that applications submitted with the help of a trademark attorney were 50% more likely to be approved!
Your federally registered trademark will only protect your brand in disputes that occur within the United States. If you manufacture, distribute, or sell your product in other countries, you should strongly consider trademark registration in those countries as well.
A registered trademark offers important protections for businesses of any size. Without it, even small businesses could be prohibited from expanding to other areas where similar marks are in use. They could also face a loss of customers and profits if their mark is infringed upon. In order to protect your small business as you grow your brand, you should consider registering your trademark with the USPTO.
Because the U.S. is a common law country, businesses have some limited trademark protections when they use it in the marketplace, even if it is not registered. This means your competitor likely has some trademark protections already. Contact a trademark attorney to determine the availability of the mark you wish to use.
This is most likely not the case. Most businesses have multiple trademarks to ensure their brand is protected. Consider everything that represents your brand, from business and product names to slogans, logos, and even sounds and smells. All of these should be registered with the USPTO to protect against infringement, and each requires its own trademark application and registration.
It’s true that your USPTO trademark examiner will conduct a comprehensive search, but this only happens after you’ve submitted your application and paid your fees. Then, if your examiner finds a similar mark is already in use, your application will be rejected. This is why it is important to conduct a trademark search before you submit your application. If you find your mark already exists, you’ll be able to make changes before seeking registration with the USPTO.
“ We were referred to Josh by a business colleague, and were skeptical that any online US Trademark filing process could be both simple and successful. Our experience with other firms (on other trademarks) had been tedious and expensive, by comparison. But Josh’s system worked, and we were awarded both trademarks…”
— Michael Zimmerman, MarketPoint
“…I am smart enough to know that this is a highly specialized area of the law that requires patience, understanding, extensive research, a finely tuned verification process and the ability to navigate the steps and procedures established by the federal government. But I am even smarter to know that, in the age of the specialist, I needed the best…”
— Wayne Halper, Law Office of Wayne Halper
“…When working with Josh on our Trademark/Service Mark application process, his communication was excellent and his expertise and personal demeanor quickly built trust in the business matters. He manages a detailed and well balanced analysis and is results and success driven..”
— Johan Reinhoudt, EffectiveSalesCoaching.NL
“ I hired Josh to do some trademarking work for me. He was very knowledgeable, explained the process clearly, made sure it was filed in a timely manner, and followed up with me each step of the way.”
— Kathy Wolper, Kathy’s Just Desserts, Inc.
“ Working with Josh was an absolute pleasure. He made the process of getting our trademark a breeze. Should we ever seek another trademark we would certainly retain Josh again in a heartbeat. I recommend him very highly.”
— Verena Frydberg, Makeover Your MS
“ Every now and again you come across someone who you know will always get the job done, be upfront and honest, and looks out for you. It’s great never having to worry about Trademarks. I know I can just give him a call and it’ll be done quickly, affordable, and done right…”
— Megan Cummins, Sparklepop