Baton Rouge, Louisiana Businesses Use Cohn Legal for Trademark Services
Cohn Legal, PLLC is a specialized law firm committed to delivering unparalleled legal counsel and expertise for their clients in Baton Rouge, Louisiana. The startup and trademark lawyers of Cohn Legal operate as your legal consigliere, providing you with the best legal advice and strategies to protect your intellectual property and business interests.
Top 7 Questions Baton Rouge Businesses Have About Obtaining a Trademark
When should I register my trademark?
It’s best to begin the trademark registration process as soon as you have an idea for a name, logo, design, etc. for your business. First, you want to make sure you have your application in before anyone else submits an application for a similar mark. Second, if a mark similar to your desired mark already exists, then it’s better to find out sooner rather than later.
Will working with a trademark attorney increase the chances of my trademark application getting approved?
Working with a trademark attorney will increase the likelihood of your application getting approved. In fact, a study conducted by the University of North Carolina found that trademark applications submitted with assistance from a trademark attorney were 50% more likely to be approved by the USPTO.
This is because your attorney will conduct a comprehensive clearance search before your application is submitted to ensure there are no similar marks already in existence. Your lawyer will also ensure that your application and any follow-up documentation are filled out completely and accurately.
What is an examining attorney?
Examining attorneys work at the USPTO. Upon receipt of an application, the examining attorney will review the application to ensure all information is provided. Then, the attorney will search the USPTO database looking for trademarks that may be similar to the trademark you’re trying to register
If a trademark similar to your desired mark is found, then your application will most likely be rejected. That’s why you should always conduct your own trademark clearance search before submitting an application.
Note that an examining attorney will not provide legal advice or conduct a trademark clearance search prior to you submitting an application and the application fee.
What is a “specimen” and when do I need one?
A specimen is simply an example of how you are actually using your trademark in commerce. A specimen may consist of a picture of a product label, packaging, or tag, etc., which clearly displays the trademark as a consumer would encounter it. If you are selling a service and not a physical item, then acceptable specimens would-be flyers, brochures, advertisements, etc.
What is the Official Gazette?
After an examining attorney reviews your application and finds that everything is in good order, it will be sent to be printed in the Official Gazette (OG), the USPTO’s official publication.
Your mark will be listed in the publication for a 30-day opposition period. During that time, any third party with a legitimate claim can “oppose” your mark. If no one comes forward within 30 days of publication, then your mark will move to the final stages of trademark approval.
What is an Office Action?
If your trademark application is rejected or denied, then the USPTO will send you an Office Action, which lists the reasons that your trademark application was rejected.
It may be rejected for simple reasons, such as missing or inaccurate information appearing on the application. It may be denied for larger reasons such as your mark being too similar to an existing trademark.
If you do receive an Office Action, don’t ignore it. Contact a trademark attorney who can help you draft a response to the USPTO as soon as possible.
What are “common law” trademark rights?
If you’re using a trademark, but have not registered it with the USPTO, then any trademark protections you may have are based your geographic location. This is what’s known as common law rights. You’ll only be able to enforce those rights in the small area where your trademark is being used. If you register your mark at the federal level, then you’ll be able to enforce your trademark rights in all 50 states.
Why Trademark Registration Matters for Baton Rouge Businesses
Baton Rouge has been undergoing a revival in recent years. It’s buzzing with the energy of youth and change, while still embracing the charm and hospitality the capital city of Louisiana is known for. It’s no wonder that entrepreneurs from all over consider Baton Rouge a premier spot to start their new business ventures.
New business owners in Baton Rouge are well aware of everything it takes to get a new business off the ground. There’s product development, business plans, marketing campaigns, and so much more. Baton Rouge small business owners should not, however, forget about registering their trademarks with the USPTO.
Imagine the following: Claudette has recently graduated from culinary school and is excited to pursue her passion by opening up a Cajun restaurant in downtown Baton Rouge. She finds the perfect location for her restaurant and signs the lease without hesitation.
She decides to call her new restaurant the Cool Cajun Kitchen. Then, the work begins! The next few months are a flurry of activity for Claudette. She creates a marketing plan, hires staff, develops a website, and orders menus with her logo on them. She also orders an expensive sign to hang in front of her restaurant.
Finally, after months of hard work, Claudette is ready to open her restaurant. It turns out to be a hit with locals and tourists alike. They love her fresh take on classic Cajun dishes. Claudette can hardly believe that her dreams of restaurant ownership have come true.
Unfortunately, about a year after the grand opening, Claudette gets some devastating news in the form of a cease-and-desist letter. There’s an online company that sells Cajun cooking equipment, cookbooks, and spices across the United States and even internationally. Their name happens to be very similar to the name of Christine’s restaurant.
Since the online company trademarked the name of their business 10 years ago, they are well within their right to ask Claudette to shut down her restaurant and not reopen until she rebrands. Claudette knows that this will be a time-consuming and expensive undertaking.
If you are starting a new business venture, be sure to contact a trademark attorney early in the process so you can ensure your desired trademark is available for use.
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 Baton Rouge and yet it can assist businesses from Louisiana in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for Baton Rouge Businesses
Submit Your Trademark
Now in 4 Easy Steps
TRADEMARK INFORMATION
Complete the Trademark Registration Form.
PRELIMINARY SEARCH
Our IP Attorneys will run a search of your trademark in the USPTO.
TM APPLICATION
We draft your TM Application and send it to you for your Review.
USPTO
We File the Application with the USPTO.