New Orleans, Louisiana Businesses Use Cohn Legal for Trademark Services
Cohn Legal is a startup and trademark legal firm that provides service to clients in New Orleans, Louisiana, throughout the United States, and around the globe. Cohn Legal attorneys operate with the singular goal of acting as your legal consigliere, continuously giving you the best legal advice and strategies to protect your trademarks and intellectual property
Top 7 Questions New Orleans Businesses Have About Obtaining a Trademark
Do I need to conduct a trademark search before filing my trademark application?
There’s no requirement or law that says you have to conduct a trademark search before filing an application, but it is strongly recommended that you do so. You can work with a trademark attorney who can help you search through registered and pending trademarks to ensure that your desired mark is truly unique. Taking this step can prevent others from taking legal action against you in the future.
How can a trademark attorney help me enforce my trademark rights?
A trademark attorney can help you protect your rights by:
• Assisting you with trademark search and registration.
• Providing counsel if you discover other parties are infringing on your trademark.
• Ensuring that all required trademark renewal documents are filed on time.
• Monitoring the market to identify anyone who may be infringing upon your mark.
• Representing you in court and before the USPTO.
What is the USPTO’s Trademark Trial and Appeal Board?
The Trademark Trial and Appeal Board (TTAB) exists to help resolve conflicts among trademark owners in these instances:
• A third party believes your existing trademark is harming their business and should be cancelled.
• A third party believes your pending trademark shouldn’t be approved because if approved, their business would be harmed.
• You want to appeal an examining attorney’s rejection of your trademark application.
• You want to challenge a third party’s existing trademark or pending trademark.
A trademark attorney can help you navigate these proceedings and help you settle the dispute in a way that aligns with your best interests.
Why should I work with an attorney to register a trademark?
There is no requirement that you work with an attorney to register a trademark, but doing so has many benefits. First, your trademark attorney will conduct a comprehensive trademark search to ensure that no one has already registered a mark that’s similar to your desired mark. Then, your attorney can submit a complete and accurate trademark application to the USPTO on your behalf. Any inquiries from the USPTO about your mark after the application submission will be handled by your attorney.
Best of all, with your attorney handling these tasks, you’ll have more time to focus on growing your business.
Is a Google search the best way to determine if the trademark I want is available?
Google searches, or any online search for that matter, should not be used to determine if someone else has the name or logo you want. Online searches will usually only reveal exact matches to your business name, product name, or slogan. However, an online search won’t necessarily reveal which trademarks are very similar to your desired mark or which ones are pending approval by the USPTO. Contact a trademark attorney who can give clear guidance on a proper trademark search.
Will the USPTO let me know if a third party is infringing on my registered trademark?
The USPTO will publish and register your trademark, but they won’t alert you or take action if someone is infringing upon your mark. It is entirely your responsibility as the owner of the mark to enforce your trademark rights and take legal action when necessary. Most trademark attorneys, including Cohn Legal, offer trademark monitoring services and will alert you when possible infringement occurs and provide advice on how to handle it.
I’m a one-person operation. Do I really need to worry about trademark registration?
Every business, large or small, should take steps to register and protect their trademark. A strong trademark gives small businesses the confidence to invest in their brand and grow. Even one-person operation should protect their intellectual property by applying for trademark registration with the USPTO.
Why Trademark Registration Matters for New Orleans Businesses
Young entrepreneurs looking to start a small business in New Orleans often ignore or delay registering their trademark in favor of developing their product, creating a marketing plan, or any number of other tasks. However, you’re risking the future success of your business without putting trademark protections in place.
Imagine the following: Amy is a recent college graduate with dreams of opening her own business. She loves dogs and has lots of friends in New Orleans with dogs. She calls her new venture Puppy Playtime. She knows about trademark registration but decides to take care of that later on when her business is more established.
Amy focuses on finding the perfect location, creating a marketing plan, ordering signage, and advertising her business in local papers. About 6 months after Amy’s grand opening, she’s at maximum capacity and has potential customers on a waiting list. She’s even hired a few staff members to help her out.
Unfortunately, Amy’s good fortune is about to come to an end. She receives a cease-and-desist letter in the mail. Another doggy daycare business with a very similar name has been operating in Philadelphia for about 10 years. The Philadelphia business registered their trademark with the USPTO so they had every right to ask Amy to close her business and not reopen until she’s rebranded her business. That will be an expensive and time-consuming endeavor.
Don’t wait to register your trademark. Whether you’re just starting to write your business plan or you’ve been selling your products and services for a while, the time to register your trademark is now.
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 New Orleans and yet it can assist businesses from Louisiana in registering a federal Trademark because trademarks are governed under federal law.
Trademarks Services for New Orleans 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.