Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Louisiana.
Why Trademarks are Important
You can’t trademark anything you use for your business that is not already being trademarked. For example, if someone starts using the name ‘Happy Days’ for a nursery school, then the owner of Happy Days toy store cannot claim it as their own and stop them from using it.
If a company wants to register their trademark with the USPTO for exclusive rights, they would need to file for registration in order to protect it, and also put those on notice that it is being used.
Federal U.S. Trademarks – How they Benefit You
Trademarks help to identify the company, as well as products and service. If someone uses your trademark without permission, you can take legal measures to stop them from doing so.
While federal trademark registration is not necessary, it is important. If a business has a registered trademark at the federal level, it becomes easier to initiate infringement litigation. In addition, an individual can sue for damages in a federal court, increasing their remediation options.
Adding a trademark to the USPTO Principal Register increases the notice given to other users of brands. It prevents unexpected infringements and is therefore still considered infringement, even if it was not intentional.
Why you Should Hire a Trademark Attorney and not DIY
You should hire a trademark lawyer to make sure your trademark is protected. The process of trademark registration can be complicated and lengthy, but the legal protection will be worth it. A trademark lawyer can help guide you through the whole process – they’ll apply for your trademark, as well as search for any other trademarks that could cause conflicts with yours.
We recommend that our clients do not try to go through the process of trademarking on their own. There are many online services that will help them with the process, but they are awful and provide no legal council.
Don’t make a mess and let us help you with the application. Reach out to our office for advice before applying for a trademark or not applying at all if your mark is already registered.
Let’s Review the Differences Between Trademark and Copyright
Trademarks are used to protect your brand from others, such as the company’s name or the product’s name. It also can be a form of advertisement so your customers know where to go if they want that specific product.
If you work on a creative project, registration makes it easier to protect your work by taking out a copyright. When you register, you’ll get additional protections that could help if someone tries to use your own ideas in the future.
Examples of Trademark Needs in Baton Rouge, Louisiana
A lot of people ask us, “Why do I need a trademark for my business?” And the simple answer to that is your businesses name, logo, and branding are inherently valuable. You want to ensure that you’ve protected your business as your brand’s value grows and continues to appreciate over time. For example, if you’re in Merrydale, or driving on Interstate 12, you’ve probably seen tons of billboards for corporations and mom-and-pop shops alike. And they’ve all got a certain feel to them, their branding. And that branding is valuable. You want to make sure that if you start a shop in Baton Rouge, that somebody two states over isn’t going to steal your idea and name and do the same business.
A great example I love to use is professional sports teams. Their need to have a protected brand name, logo, slogan, and such is invaluable because so much of their team’s value is wrapped up in their identity. There are lots of sports teams, but for fans, there’s always “my team”. Think about the teams near Baton Rouge and Brownville, like the LSU Tigers and the LSU Lady Tigers Basketball. You can probably picture their logo in your mind, and you know that nobody else is using their names and logos to promote a professional sports team.