Monroe, Louisiana Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a specialized law firm that focuses specifically on the needs of startups, small businesses, and entrepreneurs in Monroe, Louisiana. The startup and trademark lawyers of Cohn Legal act as your legal consigliere, providing you with the best advice and strategies to protect your intellectual property and business interests from infringement.
Top 6 Questions Monroe Businesses Have About Obtaining a Trademark
What is the difference between a service mark and a trademark?
There’s not much difference between a service mark or a trademark.
A trademark is a word, word phrase, design, symbol, slogan, etc. that’s used to identify and distinguish one company’s product from a competitor. A service mark is simply a trademark for a service.
An example of a trademark is Ben & Jerry’s for ice cream or Levis for jeans. An example of a service mark is Terminix for pest control or Roto-Rooter for drain clearing.
What are the services a trademark attorney provides?
Hiring a trademark attorney as a business owner is a smart decision. Most trademark attorneys, including Cohn Legal Group, will:
- Conduct a trademark clearance search to ensure that trademark is available.
- Prepare a complete and error-free trademark application.
- Respond to office actions from the examining attorney.
- Represent you in federal court and in front of the Trademark Trial and Appeal Board, if necessary.
- Monitor the competition to ensure no one is infringing on your trademark rights.
- Submit trademark maintenance documents to the USPTO by the required deadlines.
- Provide ongoing legal advice about your trademark rights.
This is just a small sample of everything a trademark attorney can do for you. Reach out to a trademark attorney to learn more.
Will my trademark registration expire after a certain amount of time?
Your trademark registration will never expire if you continue to use it in commerce and you file the following maintenance documents required by the USPTO on time.
- 5 years after initial trademark registration, you are required to submit a Declaration of Use under Section 8 to the USPTO.
- 10 years after initial registration and every 10 years thereafter, you are required to submit a Declaration of Use and Application for Renewal under Sections 8 and 9.
The USPTO will provide reminders when these documents are due. If these documents are not filed on time, then your trademark registration may be canceled by the USPTO. You may hire an attorney who can stay on top of these deadlines and ensure that the documents are submitted on time.
Will the USPTO let me know when someone infringes on my trademark?
The USPTO does not monitor for trademark infringement. They take no responsibility for that. It’s your responsibility as the owner of your trademark to monitor for instances of infringement and take any necessary action.
What is a fanciful trademark vs. an arbitrary trademark?
Fanciful trademarks are made-up or invented words that only serve as trademarks. For example, Pepsi for soda and Exxon for gasoline are fanciful marks. The words have no meaning outside of the context of being a trademark.
Unlike a fanciful mark, an arbitrary mark is a real-world that we find in our language. However, the everyday definition of those words doesn’t matter when applied to a product. Apple for computers is one example. Comet for a cleanser is another.
Should I start by registering my logo or company name?
Many new business owners have strict budgets and can’t afford to register every trademark they need to right away. If you are in a similar situation, then it’s best to first submit a trademark registration application for your company name with a “standard character claim.” That means that the name of your company will be protected regardless of what font or typeface is used.
Once you have the funds available, you should trademark your company’s logo next.
Why Trademark Registration Matters for Monroe Businesses
Monroe, Louisiana is one of the largest, most populous cities in Louisiana and home to the University of Louisiana at Monroe. The 230+ acre campus has a student population of about 10,000 at any given time.
Monroe has a long history of being a community of “do-it-yourselfers” and independent business owners. While those are admirable qualities, it’s important that you reach out to a trademark attorney when starting a new business. Trying to handle trademark matters yourself could lead to some unintended results.
Imagine the following: Russ and Barry are recent graduates of the University of Louisiana at Monroe. Russ majored in business and Barry majored in chemistry. They both have a dream to start their own beverage company, specializing in seltzer.
The two friends have been researching and experimenting with flavored seltzers for about a year and they think they’ve come across something exciting. They have found a way to enhance the flavor of seltzer without adding artificial sweeteners, sugars, or any extra calories.
Russ and Barry decide to call their new product Vintage Flavors Seltzer and move forward with reaching out to vendors who can help them produce their new product on a large scale. Barry asks Russ if they should contact a trademark attorney. Russ doesn’t want to spend money on that, but he does conduct a Google search and no matches for the name come up. He assumes that they are in the clear and move ahead.
Russ and Barry focus on product development, marketing, labeling, and talking to stores about stocking their product. After 8 months of hard work, the first cases of Vintage Flavors Seltzer roll off the production line and make their way into stores in the area.
The two friends are thrilled that they’ve made their dreams come true, but not long after, their dreams are dashed due to a cease-and-desist letter that they find in the mail. The letter is from a company in the northeast part of the country called Vintage Seltzer. This company thinks that the name Russ and Barry chose for their seltzer brand is too similar to their already trademarked name. They have every right to demand that the two friends stop producing their product under their current name.
Russ and Barry are devastated but have no choice but to comply. If the friends had contacted a trademark attorney right from the start, they would not be in this situation now. Searching for your desired trademark on Google is never a good substitute for the comprehensive search a trademark attorney can provide.
If you have questions about trademark registration, then contact the attorneys at Cohn Legal for a no-cost trademark consultation.
** Cohn Legal, PLLC is not located in Monroe and yet it can assist businesses from Louisiana in registering a federal Trademark because trademarks are governed under federal law.