Trademark Attorney Services
for Baton Rouge, LA
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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.

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Top Questions Baton Rouge Businesses Have About Obtaining a Trademark

What is a trademark?

A trademark is a form of intellectual property that serves to distinguish and identify the goods or services of one business from those of others. It can be a word, phrase, symbol, design, logo, or a combination of these elements. Essentially, a trademark acts as a unique identifier of the source of the products or services, enabling consumers to associate certain qualities or characteristics with a particular brand.

Trademarks play a crucial role in the business world as they help build brand recognition, trust, and customer loyalty. When consumers see a trademark on a product or service, they can expect a certain level of quality and consistency associated with that brand.

To obtain legal protection for a trademark, it is essential to register it with the appropriate government authority, typically the trademark office in the country where you wish to seek protection. Registering a trademark provides the owner with exclusive rights to use the mark in connection with the goods or services specified in the registration and allows them to take legal action against others who may attempt to use a confusingly similar mark.

It’s important to note that trademark rights are generally limited to specific goods or services categories. For instance, if you register a trademark for a specific type of clothing, it doesn’t necessarily mean you have exclusive rights to that mark in other unrelated industries.

In summary, a trademark is a valuable asset that distinguishes a business’s offerings, fosters brand recognition, and protects against unauthorized use of the mark by competitors. Registering a trademark provides legal protection and peace of mind for businesses seeking to establish and grow their brands.

Is there a difference between a trademark and service mark?

Yes, there is a difference between a trademark and a service mark, though both serve the same fundamental purpose of identifying the source of goods or services. The main distinction lies in the type of offerings they protect.

A trademark is used to identify and distinguish the source of tangible goods, such as products you can hold, buy, or consume. This can include items like clothing, electronics, beverages, and more. For example, the “swoosh” logo for Nike or the name “Apple” for their electronic devices are both trademarks.

On the other hand, a service mark is used to identify and distinguish the source of services rather than physical products. Services refer to intangible offerings provided by businesses, such as legal services, advertising services, consulting, etc. For instance, the name “McKinsey & Company” or the “Google” logo as it relates to their search engine services are both service marks.

While the terms “trademark” and “service mark” are distinct, the registration process for both is often similar. In many jurisdictions, including the United States, the term “trademark” is used to refer to both types of marks, so whether you are seeking protection for a product or a service, you would apply for a trademark.

It’s important to select the appropriate category (goods or services) when applying for a mark, as this determines the scope of protection granted. It’s also worth noting that some countries may have specific symbols or notations to indicate whether a mark is used to identify goods (TM) or services (SM), but the underlying protection and principles are similar.

Overall, the key distinction is that a trademark protects tangible goods, while a service mark protects services, but both play a vital role in establishing and safeguarding a brand’s identity and reputation in the marketplace.

What’s the difference between the ® and TM symbols?

The ® symbol and the TM symbol serve different purposes and convey different legal meanings regarding trademark protection.

TM Symbol: The TM symbol stands for “trademark.” Its primary function is to indicate that a word, phrase, logo, or symbol is being used as a trademark to identify and distinguish the source of goods or services. It is often used before a trademark is officially registered with the appropriate trademark office. While the TM symbol does not provide any legal rights, it serves as notice to the public that the mark is being claimed as a trademark. It’s a way for the owner to put others on notice that they are using the mark in a branding capacity, and it can potentially deter others from using a confusingly similar mark.

® Symbol: The ® symbol, on the other hand, stands for “registered trademark.” It is used exclusively for trademarks that have been officially registered with the relevant government authority, such as the United States Patent and Trademark Office (USPTO) in the U.S. or the European Union Intellectual Property Office (EUIPO) in the EU. The ® symbol indicates that the trademark has undergone a formal registration process and has been granted legal protection. This symbol provides important benefits to the trademark owner, including enhanced legal rights, nationwide or regional protection (depending on the jurisdiction), and the ability to pursue legal action against infringing parties.

Using the ® symbol without having a registered trademark is not only misleading but may also be illegal in some jurisdictions, as it could be considered deceptive or an attempt to mislead consumers.

In summary, the TM symbol is used to indicate that a mark is being used as a trademark, regardless of registration status. It has no legal significance but can provide some level of notice to others. The ® symbol, on the other hand, is reserved for officially registered trademarks and indicates that the mark has been granted legal protection, providing the owner with valuable rights and remedies in case of infringement. Proper use of these symbols can help businesses protect their brands and build consumer trust in the marketplace.

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.

How can I determine if a trademark is available?

Determining the availability of a trademark is a crucial step before attempting to register it. Conducting a comprehensive trademark search helps you avoid potential conflicts with existing marks and increases the likelihood of a successful trademark registration. Here are some steps you can take to determine if a trademark is available:

1. Online Database Searches: Begin by searching the trademark databases maintained by the respective trademark office in your country. In the United States, you can use the United States Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS). In the European Union, you can search the European Union Intellectual Property Office’s (EUIPO) eSearch database. These online databases contain registered trademarks and pending applications and will give you an idea of similar marks that already exist.
2. Common Law Search: Not all trademarks are registered, and some may have protection based on common law rights. Conducting a common law search involves looking for unregistered trademarks that may be in use but not officially registered. You can perform internet searches, check social media platforms, industry-specific directories, and other relevant sources to identify common law marks.
3. Professional Search Services: Consider using specialized trademark search services or hiring a trademark attorney to conduct a comprehensive search. These professionals have access to specialized databases and tools that can uncover potential conflicts more effectively.
4. Trademark Clearance Search: A trademark clearance search involves evaluating the search results to assess potential conflicts and similarities between your proposed mark and existing ones. Look for marks that are identical or similar in sound, appearance, or meaning and cover related goods or services.
5. Consult with a Trademark Attorney: Trademark law can be complex, and consulting with a trademark attorney is highly recommended. An attorney can provide legal advice, help with the search process, and assess the risk of potential infringement.
6. Consider International Trademarks: If you plan to expand your business internationally, conducting searches in the relevant countries’ trademark databases is crucial. Trademark rights are generally territorial, so searching in each target country will help you identify potential conflicts.

Remember that a thorough trademark search is essential to identify potential conflicts, but it does not guarantee that your mark will be approved for registration. After conducting the search, if you believe your proposed trademark is available and distinct, you can proceed with the registration process. However, it’s always best to consult with a trademark attorney to ensure proper clearance and protect your brand effectively.

Do I need to sell a product or service to obtain a registered trademark?

No, you do not necessarily need to sell a product or service to obtain a registered trademark, but you must have a bona fide intention to use the mark in commerce. In many jurisdictions, including the United States, trademark rights can be established based on “intent to use” rather than actual use in commerce.

The “intent to use” basis allows individuals and businesses to secure trademark rights for a mark before they actually start using it in the marketplace. This is particularly beneficial for those who are in the process of developing a new product or service and want to protect their brand before its launch.

The process typically involves filing an “Intent to Use” (ITU) application with the appropriate trademark office. This application declares your intention to use the mark in connection with specific goods or services. Once the ITU application is filed and approved, you will receive a Notice of Allowance, indicating that the mark has been allowed for registration, pending evidence of actual use.

At this point, you will have a limited time (usually six months) to provide evidence of actual use of the mark in commerce. This evidence comes in the form of a “Statement of Use” (SOU) that demonstrates the mark’s use in connection with the specified goods or services.

If the trademark office finds the evidence satisfactory, the mark will be registered. However, if you fail to provide sufficient evidence of use within the specified period, you may request extensions (up to five more six-month extensions) or file a new application altogether.

It’s important to note that while an ITU application allows you to secure priority for your mark, actual use in commerce is a requirement for obtaining full trademark protection. The mark’s registration will be limited to the goods or services for which you can demonstrate genuine use.

In summary, you can obtain a registered trademark based on “intent to use” in many jurisdictions, which allows you to secure rights to your brand before you start using it in commerce. However, you must eventually provide evidence of actual use to maintain and enforce your trademark rights fully. Consulting with a trademark attorney can help you navigate the process and ensure compliance with the legal requirements.

If I only provide my services locally, can I still obtain a federal trademark?

Yes, you can obtain a federal trademark even if you only provide your services locally, as long as you meet the necessary requirements for trademark registration. In most countries, including the United States, the scope of protection for a trademark is not restricted by geographic boundaries, allowing you to seek federal trademark registration regardless of whether your services are offered locally, nationally, or internationally.

When applying for a federal trademark in the United States, you will need to demonstrate that your mark is being used in commerce, or that you have a bona fide intention to use it in commerce in the future. “Use in commerce” generally means that you are using the mark in connection with the offering or advertising of the services and that the services are being rendered in a way that they are available to consumers. If you only provide your services locally, you would need to show that you are actively providing those services within your geographic area and that the services are available to customers in that region.

It’s important to understand that obtaining a federal trademark provides several advantages, even if you have a local business:

1. Nationwide Protection: Federal trademark registration provides protection throughout the entire country, allowing you to expand your services beyond your local area in the future without worrying about potential conflicts with other trademarks.
2. Brand Recognition: Having a federally registered trademark adds credibility and legitimacy to your brand, which can help attract customers and build trust.
3. Enforcement Rights: Federal registration provides stronger legal rights and remedies in case of infringement. It allows you to bring a lawsuit in federal court, seek damages, and potentially recover attorney’s fees.
4. Preventive Measures: Registering your trademark federally can help prevent others from using similar marks in your industry, even if they are in different geographic regions.

It’s important to conduct a thorough trademark search before applying for registration to ensure that your chosen mark is available for use and registration. Working with a trademark attorney can be highly beneficial during this process, as they can guide you through the application process, assist with the necessary documentation, and help protect your brand effectively.

In summary, while you may provide services locally, obtaining a federal trademark can offer numerous benefits, including broader protection, stronger enforcement rights, and enhanced brand recognition. It’s crucial to comply with the legal requirements and seek professional advice to navigate the trademark registration process successfully.

What should I register first: the name of my business or my brand logo?

Deciding whether to register the name of your business or your brand logo first depends on the level of distinctiveness and importance of each element to your brand’s identity and protection. Let’s explore the considerations for both options:

Registering the Name of Your Business:

1. Broad Protection: Registering the name of your business as a trademark provides broader protection, as it covers all goods and services associated with your business. It allows you to use the name in various industries and product categories.
2. Flexible Branding: If your business operates in multiple product or service lines or you plan to expand into different areas in the future, trademarking the business name ensures that you can use it across all those segments without the need for separate registrations.
3. Distinctive Name: If your business name is unique, catchy, and distinctive, it can become a strong brand identifier and asset. Registering it as a trademark can help you establish exclusive rights to the name and protect it from being used by competitors.

Registering Your Brand Logo:

1. Visual Identity: If your brand logo is a critical element of your brand’s identity and recognition, registering it as a trademark can safeguard its distinctiveness and prevent others from using a similar logo in your industry.
2. Design Protection: Trademarking your brand logo provides protection for the specific visual design, color combinations, and graphical elements incorporated into the logo. It ensures that competitors cannot create logos that are confusingly similar to yours.
3. Combined Registration: In some cases, it may be beneficial to register both the business name and the brand logo together as one trademark. This combined registration covers the name and the logo as a unitary mark, reinforcing the connection between the name and the logo.

Ultimately, the decision of what to register first depends on your business’s branding strategy and priorities. Some businesses may opt to register the business name first to secure broad protection for the name itself and its future expansions. Others may prioritize the brand logo if it plays a significant role in brand recognition and distinctiveness.

It’s worth mentioning that, in the United States and some other countries, trademark rights can be established based on actual use of the mark in commerce. This means that even if you haven’t registered your trademark, you may still have some common law rights in the mark if you have been using it in connection with your goods or services.

Before making a decision, it’s advisable to conduct a comprehensive trademark search to ensure the chosen name or logo is available for registration and use. Consulting with a trademark attorney can provide valuable insights and guidance to help you navigate the trademark registration process effectively.

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.

What is a fanciful trademark?

A fanciful trademark is a type of trademark that is inherently distinctive and derives its distinctiveness from being entirely invented or coined. These types of trademarks are created specifically to serve as source identifiers and have no other meaning or association with the goods or services they represent. Fanciful trademarks are at the strongest end of the distinctiveness spectrum and enjoy a high level of protection under trademark law.

The categories of distinctiveness for trademarks are generally classified into five groups, often referred to as the “Abercrombie Classification,” which includes:

1. Fanciful Marks: These are entirely invented words or phrases with no dictionary or common meaning. They are usually a combination of letters or sounds that have been fabricated for the sole purpose of functioning as a trademark. Examples include “Kodak” for cameras and “Exxon” for energy products.
2. Arbitrary Marks: Arbitrary marks are real words that have no direct connection to the products or services they represent. The words used as trademarks already exist, but their application to specific goods or services is unrelated to their ordinary meaning. An example of an arbitrary mark is “Apple” for computers and electronic devices.
3. Suggestive Marks: Suggestive marks hint at a characteristic or quality of the goods or services but do not directly describe them. These marks require some imagination or mental effort to understand the connection. An example of a suggestive mark is “Netflix” for online streaming services, as it suggests a connection to “flicks” (movies) but doesn’t directly describe the service.
4. Descriptive Marks: Descriptive marks directly describe a characteristic, quality, or ingredient of the goods or services. They are weaker than fanciful, arbitrary, or suggestive marks in terms of distinctiveness and typically require secondary meaning (acquired distinctiveness through use) for trademark protection. An example is “Vision Center” for an eyewear store.
5. Generic Terms: Generic terms are the common names for goods or services and cannot function as trademarks. They refer to the general category of products or services and cannot be protected as exclusive identifiers. For instance, “Computer” cannot be registered as a trademark for computers.

The strength of a fanciful trademark lies in its uniqueness and the ease with which consumers can associate it solely with the specific brand or source. As a result, fanciful marks are generally easier to register and enforce compared to other types of marks. When choosing a trademark, businesses often strive for fanciful or arbitrary marks to maximize protection and build a strong brand identity in the marketplace.

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 TEAS?

TEAS stands for the Trademark Electronic Application System, and it is an online platform provided by the United States Patent and Trademark Office (USPTO) to facilitate the electronic filing of trademark applications. TEAS offers a more efficient and streamlined process for registering trademarks, making it easier for applicants to submit and manage their applications online.

The TEAS system offers different types of applications based on the filing requirements and the nature of the mark:

1. TEAS Plus: This application option provides a reduced filing fee compared to other TEAS options. However, to qualify for TEAS Plus, applicants must meet specific requirements, such as agreeing to file electronically, providing a detailed description of the goods and services using specific pre-approved language from the USPTO’s Acceptable Identification of Goods and Services Manual, and agreeing to use the mark in commerce at the time of filing.
2. TEAS Reduced Fee (TEAS RF): This option allows applicants to claim specific benefits while not being as strict with the TEAS Plus requirements. The filing fee is slightly higher than TEAS Plus but lower than the regular TEAS option.
3. TEAS Regular: This is the standard application option, which allows more flexibility in the filing requirements compared to TEAS Plus or TEAS RF. Applicants can use their own goods and services descriptions, and there is no requirement for use in commerce at the time of filing.

The TEAS system also allows applicants to file additional forms and submissions related to their trademark application, such as statements of use, responses to office actions, and renewal requests, all electronically.

Using TEAS offers several advantages:

1. Convenience: Filing a trademark application online through TEAS is convenient and accessible 24/7 from anywhere with internet access.
2. Immediate Confirmation: Once submitted, applicants receive an immediate filing receipt, which provides proof of the application’s submission date.
3. Faster Processing: Electronic applications are generally processed more quickly than paper applications, reducing the overall processing time.
4. Secure Communication: TEAS provides a secure environment for transmitting sensitive information related to trademark applications.
5. Electronic Payment: The system accepts electronic payments, streamlining the payment process.

It’s important to note that while TEAS is designed to simplify the application process, filing a trademark application can still be complex, and it’s advisable to seek the guidance of a trademark attorney to ensure proper compliance with the legal requirements and to maximize the chances of a successful registration.

How long does the trademark application process take?

The duration of the trademark application process can vary based on several factors, including the type of application, the complexity of the mark, the responsiveness of the trademark office, and any potential legal challenges. Generally, the trademark application process can take anywhere from several months to over a year to complete. Here is a breakdown of the typical stages in the process:

1. Initial Application Review: After submitting your trademark application through TEAS or the relevant filing system in your country, the trademark office will conduct an initial review to ensure the application is complete and meets the minimum filing requirements. If there are any deficiencies or missing information, the applicant may be given a limited time to address the issues.
2. Formal Examination: Once the application passes the initial review, it undergoes a formal examination by a trademark examiner. The examiner will review the application to determine if the mark meets the legal requirements for registration, such as distinctiveness, compliance with the classification system for goods and services, and whether the mark is confusingly similar to existing registered or pending marks.
3. Publication: In some jurisdictions, after passing the examination, the trademark application is published in an official gazette or journal for a specified period. This publication allows third parties to oppose the registration if they believe the mark may cause confusion with their own marks.
4. Opposition Period: During the publication period, third parties who believe they would be harmed by the registration of the mark can file an opposition to challenge the application. This can lead to additional proceedings before the trademark office or a settlement between the parties.
5. Registration or Issuance of Certificate: If no opposition is filed, or if the opposition is unsuccessful, and the trademark application meets all requirements, the trademark office will approve the application for registration. At this point, the trademark is officially registered, and the applicant receives a registration certificate.

The overall timeline for the trademark application process can be affected by various factors, including the workload of the trademark office, the complexity of the mark and the goods/services, and any potential legal disputes that may arise.

It’s essential to monitor the status of your application regularly and respond promptly to any requests or office actions from the trademark examiner to avoid delays. Engaging the services of a trademark attorney can be beneficial during the application process, as they can guide you through the requirements and handle any challenges that may arise, increasing the chances of a successful registration within a reasonable timeframe.

How long does a trademark last?

A registered trademark can last indefinitely, as long as it continues to be actively used in commerce and the necessary renewal requirements are met. Unlike many other forms of intellectual property, such as patents or copyrights, trademarks have the potential for perpetual protection, provided the mark remains in use and is properly maintained.

In most countries, including the United States, trademark registration is initially granted for a specific period, typically 10 years. However, to maintain the trademark’s registration beyond the initial term, the trademark owner must file periodic renewal applications. The renewal application must be filed before the current registration period expires.

The renewal period may vary depending on the country, but in many cases, it is also for a period of 10 years. As long as the trademark owner continues to renew the registration in a timely manner and the mark is still in use to identify goods or services, the trademark can be continuously protected.

It’s crucial to keep accurate records of the renewal deadlines and submit the necessary renewal applications promptly to avoid inadvertently allowing the trademark registration to lapse. If a trademark registration does expire due to failure to renew, the owner may lose the legal rights and protections associated with that registration, and it may become vulnerable to use by others.

Furthermore, it’s important to ensure that the mark is being used properly to maintain its strength and distinctiveness. Trademark owners must use the mark consistently and avoid any behavior that could lead to the mark becoming generic or losing its distinctive character over time.

In summary, a registered trademark can last indefinitely as long as it is actively used in commerce and the renewal requirements are met. Proper maintenance, vigilant use, and timely renewal applications are essential to preserve the trademark’s rights and protect its value as a valuable asset for the business. Working with a trademark attorney can be helpful in managing the renewal process and ensuring compliance with the legal requirements.

Can I use a trademark without registering it?

Yes, you can use a trademark without registering it. Trademark rights can be established based on “common law” use, meaning that simply using the mark in connection with your goods or services can provide you with some level of protection. These common law rights arise automatically when you start using the mark in commerce in association with your business.

The key point to understand is that while using a trademark without registration provides some basic protection, it offers limited legal benefits compared to a registered trademark. Common law rights typically only provide protection within the specific geographic area where the mark is being used, which could be a single city, a region, or even a state, depending on the extent of your business activities.

Registering a trademark with the appropriate government authority, such as the United States Patent and Trademark Office (USPTO) in the United States or the European Union Intellectual Property Office (EUIPO) in the European Union, offers several advantages over common law rights:

1. Nationwide or Regional Protection: A registered trademark provides protection throughout the entire country (in the case of federal registrations) or within the territory of the relevant regional bloc (e.g., the European Union) instead of being limited to a specific geographic area.
2. Enhanced Legal Rights: Registered trademarks enjoy stronger legal rights and remedies. If someone else infringes on your registered mark, you can file a lawsuit in federal court to seek damages and injunctive relief.
3. Public Notice: Registration puts others on notice of your ownership of the mark, which can discourage potential infringers from using similar marks.
4. Presumption of Validity: A registered trademark is presumed valid, making it easier to enforce your rights against infringing parties.
5. Use of ® Symbol: Only registered trademarks can use the ® symbol, which reinforces the mark’s status as a protected brand identifier.

While you can use an unregistered mark, it’s advisable to consider the benefits of federal registration, especially if your business is expanding or you anticipate the potential for broader use or geographic expansion in the future. Registering your trademark provides a higher level of protection and is often considered a valuable investment in safeguarding your brand’s identity and reputation. It’s recommended to consult with a trademark attorney to determine the best approach for protecting your mark based on your business goals and objectives.

Can I use a trademark without registering it?

Yes, you can use a trademark without registering it. Trademark rights can be established based on “common law” use, meaning that simply using the mark in connection with your goods or services can provide you with some level of protection. These common law rights arise automatically when you start using the mark in commerce in association with your business.

The key point to understand is that while using a trademark without registration provides some basic protection, it offers limited legal benefits compared to a registered trademark. Common law rights typically only provide protection within the specific geographic area where the mark is being used, which could be a single city, a region, or even a state, depending on the extent of your business activities.

Registering a trademark with the appropriate government authority, such as the United States Patent and Trademark Office (USPTO) in the United States or the European Union Intellectual Property Office (EUIPO) in the European Union, offers several advantages over common law rights:

1. Nationwide or Regional Protection: A registered trademark provides protection throughout the entire country (in the case of federal registrations) or within the territory of the relevant regional bloc (e.g., the European Union) instead of being limited to a specific geographic area.
2. Enhanced Legal Rights: Registered trademarks enjoy stronger legal rights and remedies. If someone else infringes on your registered mark, you can file a lawsuit in federal court to seek damages and injunctive relief.
3. Public Notice: Registration puts others on notice of your ownership of the mark, which can discourage potential infringers from using similar marks.
4. Presumption of Validity: A registered trademark is presumed valid, making it easier to enforce your rights against infringing parties.
5. Use of ® Symbol: Only registered trademarks can use the ® symbol, which reinforces the mark’s status as a protected brand identifier.

While you can use an unregistered mark, it’s advisable to consider the benefits of federal registration, especially if your business is expanding or you anticipate the potential for broader use or geographic expansion in the future. Registering your trademark provides a higher level of protection and is often considered a valuable investment in safeguarding your brand’s identity and reputation. It’s recommended to consult with a trademark attorney to determine the best approach for protecting your mark based on your business goals and objectives.

When should I hire a trademark lawyer?

Hiring a trademark lawyer is advisable at various stages of the trademark process to ensure that your rights are protected, and your application is successful. Here are some key milestones when it is beneficial to engage the services of a trademark attorney:

1. Trademark Search and Clearance: Before filing a trademark application, conducting a comprehensive search is essential to identify potential conflicts with existing marks. A trademark attorney can perform a thorough search and assess the risk of registration. They will provide you with a legal opinion on the availability of your chosen mark and advise on the best course of action.
2. Trademark Application Preparation: Filing a trademark application requires careful attention to detail and compliance with legal requirements. A trademark lawyer can help you prepare and submit the application correctly, ensuring that it includes all necessary information and meets the specific requirements of the trademark office.
3. Responding to Office Actions: If the trademark office issues an office action that raises concerns or requires additional information, a trademark attorney can help you craft a proper response. They have experience in handling such communications and can increase the likelihood of overcoming any objections raised by the examiner.
4. Trademark Oppositions: If someone opposes your trademark application during the publication period, a trademark attorney can assess the validity of the opposition and formulate a response to defend your application effectively.
5. Trademark Monitoring and Enforcement: Once your trademark is registered, monitoring for potential infringements becomes crucial. A trademark attorney can assist in monitoring the market for unauthorized uses of your mark and take appropriate action against infringing parties.
6. Trademark Renewal: Trademark registrations require periodic renewal to maintain protection. A trademark lawyer can help you keep track of renewal deadlines and ensure timely submission of renewal applications.
7. International Trademark Protection: If you plan to expand your business internationally, a trademark attorney with expertise in international trademark law can guide you through the complexities of obtaining protection in other countries.
8. Trademark Licensing and Assignments: If you wish to license your trademark to others or transfer ownership, a trademark attorney can help you draft proper licensing agreements or handle the assignment process.

In summary, hiring a trademark lawyer at the outset of your branding journey and throughout the process can significantly benefit your business. They can help you navigate the complexities of trademark law, protect your brand effectively, and maximize the value of your intellectual property. An experienced trademark attorney can save you time, minimize potential legal risks, and provide peace of mind in safeguarding your brand’s identity and reputation.

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 trademark’s specimen?

A trademark specimen, also known as a specimen of use, is a sample or example of how the trademark is actually being used in commerce to identify and distinguish the goods or services associated with the mark. In the trademark application process, providing an acceptable specimen is a critical requirement, especially for trademarks based on actual use in commerce.

The purpose of submitting a specimen is to demonstrate to the trademark office that the mark is being used in a way that consumers encounter it in the marketplace as an indicator of the source of the goods or services. It helps the examiner verify that the mark is not merely a concept or idea but is genuinely functioning as a trademark to identify specific products or services.

The requirements for acceptable specimens can vary depending on the country and the type of goods or services associated with the mark. Here are some common examples of acceptable specimens:

1. Labels and Tags: For goods sold in physical stores, a specimen can be a label or tag affixed to the product itself or its packaging, displaying the mark in a prominent manner.
2. Product Packaging: Packaging that prominently displays the mark in connection with the goods, such as boxes, containers, or wrappers, can serve as a specimen.
3. Website Screenshots: For goods or services sold online, a screenshot of the webpage showing the mark in connection with the product or service and the relevant ordering or purchasing information can be submitted.
4. Advertisement Materials: Advertisements featuring the mark in connection with the goods or services can serve as specimens, provided they display the mark prominently.
5. Invoices and Catalogs: In some cases, invoices, brochures, or catalogs can be accepted as specimens to show how the mark is used in commerce.

It’s crucial to note that the specimen must accurately reflect the mark as it is used in the marketplace. It should show the mark in its intended form, without any alterations or modifications that could change its commercial impression.

Additionally, when filing a trademark application based on “intent to use,” the specimen requirement will be fulfilled at a later stage. After the mark is in actual use, the applicant will need to submit a “Statement of Use” along with an acceptable specimen to prove use in commerce.

Submitting an improper or unacceptable specimen can result in delays or refusals during the trademark application process. Working with a trademark attorney can help ensure that you provide the correct and most persuasive specimens, increasing the chances of a successful registration.

Can I request an expedited approval of my trademark registration?

In some jurisdictions, including the United States, it is possible to request an expedited or accelerated review of a trademark application under certain circumstances. However, not all trademark offices offer this option, and the criteria for eligibility may vary.

In the United States, the United States Patent and Trademark Office (USPTO) offers two programs for expediting trademark applications:

1. TEAS Reduced Fee (TEAS RF) and TEAS Plus: By using the TEAS RF or TEAS Plus application options (as discussed earlier), applicants may receive faster processing times compared to the regular TEAS application. These options require compliance with specific filing requirements and a slightly higher filing fee than the regular TEAS application.
2. Petition to Make Special: In addition to the expedited processing options mentioned above, the USPTO offers a “Petition to Make Special” program. This program allows applicants to request expedited review based on certain circumstances, such as impending litigation, infringement issues, or significant business reasons that require a quick decision on the trademark application.

For all expedited processing options, including the “Petition to Make Special,” it’s important to meet the specific requirements set by the trademark office. Expedited review is typically granted at the discretion of the office and may require additional supporting documentation to justify the need for accelerated processing.

Keep in mind that even with expedited processing, the trademark application process can still take several months, as there are various steps involved in the examination, publication, and registration phases.

If you believe your trademark application requires expedited review due to urgent business needs or potential infringement concerns, it is advisable to consult with a trademark attorney. An attorney can help you assess whether your situation meets the criteria for expedited processing, guide you through the required documentation, and submit a well-prepared petition to maximize the chances of approval. They can also advise you on alternative strategies to protect your brand during the application process.

Can I trademark a phrase?

Yes, you can trademark a phrase under certain conditions. In trademark law, phrases are considered trademarks if they are used to identify and distinguish the source of goods or services in commerce. However, not all phrases are eligible for trademark protection. To qualify for trademark registration, a phrase must meet the following requirements:

1. Distinctiveness: The phrase must be distinctive, meaning it should be unique and not merely descriptive of the goods or services it represents. The more distinctive the phrase, the stronger the trademark protection it may receive. Fanciful, arbitrary, or suggestive phrases are more likely to be deemed distinctive and eligible for registration.

– Fanciful: Invented or coined words with no existing meaning (e.g., “Xerox” for copiers).

– Arbitrary: Real words unrelated to the goods or services (e.g., “Apple” for computers).

– Suggestive: Phrases that hint at a quality or characteristic of the goods or services (e.g., “Netflix” for online streaming).

2. Use in Commerce: To obtain a federal trademark registration in the United States, you must use the phrase in commerce in connection with the specified goods or services. This means you are actively using the phrase to identify your products or services and that they are available to consumers in the marketplace.
3. Distinctiveness and Secondary Meaning: If the phrase is merely descriptive, it may still be eligible for trademark protection if it has acquired “secondary meaning” through extensive and exclusive use. Secondary meaning occurs when consumers associate the phrase with a specific source of goods or services, rather than its ordinary descriptive meaning.
4. Not Generic: Generic terms cannot be registered as trademarks. Generic terms are common names for the goods or services themselves and cannot function as source identifiers. For example, “Computer” cannot be registered as a trademark for computers.

When applying for trademark registration, it’s crucial to conduct a thorough search to ensure that the phrase is available for use and registration, and that it does not infringe on existing trademarks.

Working with a trademark attorney can be highly beneficial when seeking to trademark a phrase. An attorney can assist with the clearance search, advise on the distinctiveness of the phrase, prepare and file the trademark application, and navigate the complexities of the registration process to protect your brand effectively.

Can I trademark a logo?

Yes, you can trademark a logo to protect it as a source identifier for your goods or services. A logo can be a powerful and distinctive way to represent your brand visually, and trademark registration provides legal protection against unauthorized use by others in the marketplace.

To successfully trademark a logo, it must meet certain requirements:

1. Distinctiveness: Like any trademark, a logo must be distinctive to be eligible for registration. The more unique and original the logo design, the stronger its chances of receiving trademark protection. Fanciful, arbitrary, or suggestive logos are typically more easily registered than purely descriptive or generic logos.
2. Use in Commerce: To obtain a federal trademark registration in the United States and many other countries, you must use the logo in commerce in connection with the specified goods or services. This means the logo should be displayed prominently on your products, packaging, website, advertisements, or other materials related to the business.
3. Not Confusingly Similar: The logo should not be confusingly similar to existing trademarks. This means it should not be likely to cause confusion among consumers regarding the source of the goods or services.
4. Originality and Non-Infringement: Your logo should be original and should not infringe on the intellectual property rights of others, including copyrights or existing trademarks.

When applying for trademark registration of a logo, you will need to submit a clear and accurate representation of the logo as a part of the application. The logo should be depicted in black and white, grayscale, or color, depending on how you intend to use it.

Obtaining a trademark registration for a logo provides several benefits:

1. Legal Protection: Trademark registration grants you the exclusive right to use the logo in connection with the specified goods or services, giving you legal recourse against infringing parties.
2. Brand Recognition: A registered logo reinforces your brand’s identity and distinguishes your products or services in the marketplace.
3. Marketplace Advantages: Registered logos are easier to enforce against potential infringers and counterfeiters, enhancing your ability to protect your brand’s reputation.
4. Licensing and Brand Expansion: A registered logo can be licensed to others, providing an additional revenue stream for your business. It also offers more flexibility for brand expansion into new product lines or markets.

Working with a trademark attorney is highly recommended when seeking to trademark a logo. An attorney can assist with conducting a comprehensive search, preparing the trademark application, and navigating the registration process to ensure the best chance of successful protection for your logo and brand.

Can I trademark a color?

Yes, it is possible to trademark a color under certain circumstances. However, obtaining a color trademark can be challenging due to the inherently non-distinctive nature of colors. In trademark law, colors are considered to be “inherently non-distinctive” unless they have acquired “secondary meaning” in the minds of consumers.

Here are the two primary ways color can be protected as a trademark:

1. Single Color Trademarks with Secondary Meaning: To obtain a trademark registration for a single color, you must show that the color has acquired secondary meaning in the minds of consumers, associating the color with a particular source of goods or services. This requires significant evidence demonstrating that the color alone has come to represent your brand or product to the public. Examples of successful single color trademarks include the Tiffany blue for jewelry boxes or the specific shade of brown used by UPS for their delivery trucks.
2. Color as Part of a Trademark: Colors can also be protected as part of a broader trademark, such as a logo, product packaging, or trade dress. In this case, the color must be used in combination with other elements that create a distinctive overall commercial impression. For example, the red color used by the Coca-Cola Company in conjunction with their logo and product packaging is protected as part of their overall trademark.

It’s important to understand that not all colors are eligible for trademark protection, and the distinctiveness and secondary meaning associated with a color can vary depending on the specific industry and market context.

When applying for a color trademark, you will need to provide evidence demonstrating the color’s acquired distinctiveness or its use as part of a distinctive overall commercial impression. This evidence may include consumer surveys, sales data, advertising materials, and other supporting documentation.

Due to the complexities involved in obtaining a color trademark, seeking guidance from a trademark attorney is highly recommended. An attorney can help you assess the viability of obtaining protection for a specific color, guide you through the application process, and ensure that you provide the necessary evidence to support your claim of acquired distinctiveness or distinctiveness as part of a broader trademark.

Can I transfer my trademark to someone else?

Yes, you can transfer your trademark to someone else through a process known as trademark assignment. Trademark assignment involves transferring ownership rights of the trademark from one party (the assignor) to another (the assignee). This transfer of rights must be done in writing and is typically accomplished through a formal trademark assignment agreement.

Here are the key points to consider when transferring your trademark:

1. Written Assignment Agreement: The assignment of a trademark must be in writing and signed by both the assignor and the assignee. The agreement should clearly identify the trademark being transferred, specify the scope of the assignment (whether it includes all associated rights or only certain ones), and outline any conditions or restrictions on the use of the mark.
2. Recordation with the Trademark Office: While recording the assignment with the trademark office is not mandatory, it is highly recommended. Recording the assignment creates a public record of the ownership change and helps establish the assignee’s legal rights to the mark. In the United States, for example, a trademark assignment can be recorded with the United States Patent and Trademark Office (USPTO).
3. Maintaining Goodwill and Quality Control: Trademark assignments must consider the protection of the goodwill and reputation associated with the mark. Therefore, the assignment agreement may include provisions to ensure that the assignee maintains the quality and standards of the products or services associated with the mark.
4. Trademark Licensing vs. Assignment: It’s essential to distinguish between trademark licensing and trademark assignment. In a licensing arrangement, the trademark owner grants permission to another party (the licensee) to use the mark, but the ownership remains with the licensor. In contrast, an assignment transfers full ownership of the mark to the assignee.
5. International Considerations: If the trademark is registered in multiple countries, the assignment process may vary depending on the jurisdiction. It’s crucial to comply with the specific legal requirements and record the assignment with the relevant trademark offices in each country where the mark is registered.
6. Consulting with an Attorney: Trademark assignment can involve complex legal issues, and it’s recommended to consult with a trademark attorney to ensure that the transfer is executed properly and that all necessary legal requirements are met.

Remember that a trademark assignment can have significant legal implications, so it’s essential to handle the process carefully and seek professional advice to protect your interests and ensure the successful transfer of ownership rights.

Can I license my trademark to others?

Yes, you can license your trademark to others through a trademark licensing agreement. Trademark licensing allows you, as the trademark owner (licensor), to grant permission to another party (licensee) to use your trademark in connection with specific goods or services. This arrangement is beneficial for both parties, as it allows the licensee to leverage the established brand recognition of the trademark, while the licensor can generate revenue and expand the brand’s reach without directly producing or providing the products or services.

When entering into a trademark licensing agreement, certain key aspects should be carefully considered:

1. Scope of the License: The agreement should clearly define the scope of the license, including the specific goods or services covered, the territories where the mark can be used, and the duration of the license.
2. Quality Control: As the licensor, you must retain control over the quality and standards associated with the goods or services bearing the licensed mark. The agreement should include provisions that allow you to monitor and enforce quality control to protect the goodwill and reputation of the trademark.
3. Royalties and Fees: The agreement should specify the compensation or royalties the licensee must pay to the licensor for using the trademark. Royalties are typically based on a percentage of the licensee’s sales or a flat fee.
4. Intellectual Property Rights: The agreement should clarify that the licensor retains ownership of the trademark and any associated intellectual property rights. It should also address any additional materials, such as logos or designs, provided to the licensee for use.
5. Duration and Termination: The agreement should state the duration of the license and include provisions for termination in case of breach of contract or failure to comply with quality standards.
6. Monitoring and Enforcement: The agreement may specify how the parties will handle potential trademark infringement issues and how the licensor will enforce its rights if the licensee engages in unauthorized or improper use of the mark.
7. Recordation of License: In some jurisdictions, recording the trademark license with the trademark office may be beneficial to establish the existence of the license and to protect the licensee’s rights in case of third-party challenges.

It’s crucial to draft a comprehensive and well-structured licensing agreement to protect both parties’ interests and avoid potential disputes in the future. Consulting with a trademark attorney can be invaluable in creating a licensing agreement that complies with legal requirements and adequately safeguards the rights of the licensor and licensee. A well-structured licensing arrangement can be a strategic way to expand your brand’s presence and generate additional revenue while maintaining control over the use of your valuable trademark.

If my trademark is registered in the United States, is it protected in other countries as well?

No, trademark registration in the United States does not automatically provide protection in other countries. Trademark rights are territorial, meaning that they are generally limited to the country or region where the mark is registered. Each country has its own trademark registration system, and to obtain protection in a foreign country, you must apply for trademark registration in that specific country or through regional systems like the European Union’s trademark system.

However, there are some ways to seek trademark protection in multiple countries:

1. National Trademark Applications: To protect your trademark in another country, you can file a separate national trademark application with the trademark office of that country. Each country’s registration process and requirements will vary, and you may need to work with local trademark attorneys to navigate the process.
2. Regional Trademark Systems: Some regions have established regional trademark systems that allow for a single application to cover multiple countries within that region. For example, the European Union has a unified trademark system called the European Union Trademark (EUTM), which provides protection in all EU member states.
3. Madrid System: The Madrid System for the International Registration of Marks, administered by the World Intellectual Property Organization (WIPO), offers a cost-effective and efficient way to seek protection in multiple countries. Through the Madrid System, you can file a single international trademark application that designates multiple member countries. This simplifies the process of seeking protection in several countries simultaneously.
4. Paris Convention: Many countries are signatories to the Paris Convention for the Protection of Industrial Property. The Paris Convention allows you to claim priority for your trademark application in other member countries within a specified time frame after filing your initial application. This means that if you file a trademark application in one member country, you can later file applications in other member countries and claim the filing date of the initial application as your priority date.

It’s essential to consider the international market potential for your brand and products early on. If you anticipate expanding your business into foreign markets, seeking international trademark protection can be crucial to safeguarding your brand’s identity and preventing unauthorized use by competitors.

To navigate the complexities of international trademark registration, it is highly recommended to work with an experienced trademark attorney who is familiar with the specific laws and procedures in the countries where you seek protection. They can guide you through the process, maximize your trademark’s protection, and help you comply with the various legal requirements of each jurisdiction.

Is there such a thing as an “International Trademark”?

While there is no single “International Trademark” registration that provides worldwide protection for a mark, there are international systems that facilitate the process of seeking trademark protection in multiple countries. These systems are designed to simplify and streamline the application process, making it more efficient and cost-effective for trademark owners seeking protection in multiple jurisdictions.

The two primary international systems for trademark registration are:

1. Madrid System for the International Registration of Marks: Administered by the World Intellectual Property Organization (WIPO), the Madrid System allows trademark owners to file a single international application to seek protection in multiple countries that are members of the Madrid Agreement and the Madrid Protocol. The international application is based on a “home” or “basic” application or registration in the applicant’s country of origin. The WIPO then forwards the application to the relevant trademark offices of the designated countries. If the mark meets the requirements in each designated country, it will be granted protection in those countries. The Madrid System simplifies the process of seeking protection in multiple countries, as it reduces paperwork and administrative burden.
2. European Union Trademark (EUTM): For businesses interested in protecting their marks in the European Union, the EUTM provides a unified trademark system that covers all EU member states with a single application. A registered EUTM grants protection throughout the entire EU territory. This system is particularly advantageous for businesses with operations and market presence within the EU.

It’s important to note that while the Madrid System and EUTM streamline the application process, they do not automatically guarantee registration in all designated countries. Each member country’s trademark office retains the right to examine the application under its national laws and regulations. If any issues arise during the examination process, the application may be refused or require further action.

Additionally, some countries and regions have specific trademark agreements or treaties that facilitate international trademark registration and protection.

It’s crucial to carefully assess your business’s needs and potential markets when seeking international trademark protection. While these international systems offer advantages, they may not cover every country where you wish to do business. In some cases, it may be necessary to file separate national applications in countries outside the scope of these international systems.

Given the complexities of international trademark registration, consulting with a trademark attorney who is well-versed in international trademark law can be highly beneficial. An attorney can help you navigate the process, assess the best strategy for protecting your mark internationally, and ensure compliance with the various legal requirements in each jurisdiction.

What is a trademark office action?

A trademark office action is an official communication from the trademark office that raises questions, issues, or objections regarding a trademark application. It is a common step in the trademark registration process and requires a response from the applicant to address the concerns raised by the trademark examiner.

When a trademark application is filed with the trademark office, it undergoes a formal examination by a trademark examiner to ensure that it complies with all legal requirements for registration. During this examination, the trademark examiner reviews the application to determine if the mark meets the necessary criteria, including distinctiveness, compliance with the classification system for goods and services, and whether the mark is likely to cause confusion with existing registered or pending marks.

If the examiner finds any deficiencies or issues with the application, they will issue an office action. An office action can be of two types:

1. Non-Final Office Action: This is the first communication from the trademark examiner that outlines the issues with the application. It provides the applicant with an opportunity to address the examiner’s concerns and submit necessary amendments or clarifications. The applicant usually has a specific time period, such as six months, to respond to a non-final office action.
2. Final Office Action: If the applicant’s response to the non-final office action is insufficient or does not fully address the examiner’s concerns, the examiner may issue a final office action. A final office action reiterates the outstanding issues and informs the applicant that no further amendments will be accepted. However, the applicant still has options for further action, such as filing an appeal or submitting a request for reconsideration.

Common reasons for office actions include:

– Likelihood of confusion with existing marks.

– Descriptiveness or lack of distinctiveness of the proposed mark.

– Failure to provide sufficient evidence of use in commerce.

– Incorrect classification of goods or services.

Responding to a trademark office action is a critical and time-sensitive process. A well-crafted response is essential to overcoming the examiner’s objections and obtaining successful registration. It may involve providing additional evidence, clarifications, or arguments to persuade the examiner of the mark’s eligibility for registration.

Given the complexity of responding to an office action and the potential impact on the registration outcome, seeking guidance from a trademark attorney is highly recommended. An experienced attorney can help you understand the issues raised in the office action, formulate a strong response, and navigate the trademark registration process effectively.

What should I do if I receive an office action on my trademark application?

Receiving an office action on your trademark application is a common part of the registration process, and it’s essential to handle it promptly and carefully. Here are the steps you should take if you receive an office action:

1. Thoroughly Review the Office Action: Carefully read and understand the contents of the office action. Identify the specific issues, objections, or requirements raised by the trademark examiner. Understanding the examiner’s concerns is crucial for crafting an effective response.
2. Consult with a Trademark Attorney: Considering the importance of a proper response, it’s advisable to consult with a trademark attorney. An attorney can provide valuable insights into the examiner’s objections, help you assess the strength of your application, and guide you on how to address the issues effectively.
3. Analyze the Basis for the Objections: Determine whether the objections raised in the office action are valid. If you believe the examiner’s objections are unfounded, gather supporting evidence or legal arguments to explain why your mark is eligible for registration.
4. Prepare a Comprehensive Response: Your response should be well-structured and address each issue raised by the examiner. Provide clear and concise explanations, evidence, or amendments to overcome the objections. Be sure to comply with any specific requirements outlined in the office action.
5. Submit the Response on Time: The office action will specify a deadline for responding, typically within six months from the date of issuance. It’s crucial to submit your response before the deadline to avoid abandonment of your trademark application.
6. Consider the Type of Office Action: If the office action is non-final, you generally have the opportunity to address the examiner’s concerns and submit additional arguments or evidence. However, if the office action is final, the options for further amendments may be limited. In some cases, it may be appropriate to file an appeal or a request for reconsideration.
7. Monitor the Status of Your Application: After submitting your response, monitor the status of your application regularly. The trademark office may take some time to review the response and either accept the mark for publication or issue a further action.
8. Seek Legal Advice for Complex Issues: If the issues raised in the office action are complex or involve legal nuances, seeking legal advice is crucial. An experienced trademark attorney can navigate the complexities, increasing the likelihood of successful registration.

Remember that a well-crafted response to an office action can significantly impact the outcome of your trademark application. Working with a trademark attorney can provide valuable guidance and improve your chances of overcoming the examiner’s objections, leading to successful registration of your trademark.

How do I enforce my trademark rights?

Enforcing your trademark rights is essential to protect your brand from unauthorized use and to maintain its distinctiveness in the marketplace. If you believe that someone is infringing on your trademark or engaging in unfair competition, there are several steps you can take to enforce your rights:

1. Cease and Desist Letter: Start by sending a cease and desist letter to the infringing party. This letter informs them of your trademark rights, asserts your claim, and demands that they stop using the infringing mark. A well-drafted cease and desist letter can often resolve the issue without the need for further legal action.
2. Evidence Collection: Gather evidence of the infringement, such as photographs, advertisements, product labels, or any other materials showing the unauthorized use of your trademark. Keep a record of dates and locations where the infringing activities have occurred.
3. Consult with a Trademark Attorney: Seeking advice from a trademark attorney is crucial for assessing the strength of your case and determining the best course of action. An attorney can advise you on the legal options available and help you formulate a strategy to enforce your trademark rights effectively.
4. Trademark Opposition or Cancellation Proceedings: If the infringing party has applied to register a similar or identical mark, you can oppose their trademark application or file a cancellation proceeding against their existing registration. This process allows you to challenge the validity of their mark based on your prior rights.
5. Alternative Dispute Resolution: Consider using alternative dispute resolution methods, such as mediation or arbitration, to resolve the dispute outside of the courtroom. These methods can be more cost-effective and expedient than traditional litigation.
6. Litigation: If other enforcement efforts are not successful, you may need to initiate a lawsuit against the infringing party in federal court. In a trademark infringement lawsuit, you can seek remedies such as injunctive relief (to stop the infringement), monetary damages, and the destruction of infringing goods.
7. Customs Recordation: If you manufacture or distribute goods, you can record your trademark with customs authorities to help prevent the importation of counterfeit goods that may infringe on your mark.
8. Monitor and Protect Your Trademark: Regularly monitor the marketplace for potential infringement and take swift action against any unauthorized use of your trademark. Proactive enforcement can help deter infringers and maintain the strength of your mark.

Remember that enforcing trademark rights can be complex and require legal expertise. Engaging a trademark attorney who specializes in intellectual property law can significantly improve your chances of successful enforcement and protection of your brand. Additionally, taking proactive measures to protect and police your trademark from the outset can minimize potential infringement issues and strengthen your legal position in case of enforcement actions.

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.

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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.

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Trademarks Services for Baton Rouge Businesses

• Trademark Search Services
• Trademark Application Filing
• Trademark Infringement Defense
• Trademark a Name
• Trademark a Phrase
• Trademark Cease and Desist Letters
• Trademark Office Action Response
• Trademark Abandonment