Baton Rouge Trademark Attorney

John Edel is a Baton Rouge trademark attorney who prepares applications for federal trademark registration.

john@edelpatents.com   |   (225) 302-8559

What is a trademark?

Trademarks are the symbols of a business’s reputation and how consumers find their way back to the businesses that have treated them well. Trademarks must distinguish goods and services from the goods and services of others.

How much will it cost to get a federal registration?

Attorney’s fees are variable and depend on the complexity of the work, but a simple application for registration can cost less than $1,500 including the USPTO application fee. After the application is filed, the correspondence with the Trademark Office can be quite varied. That work is generally billed at an hourly rate and the cost of the later work is more difficult to project.

What do I get with a federal trademark registration?

Registration enhances an applicant’s legal rights by providing effective nationwide notice of the use of the trademark and by providing access to federal courts for litigation relating to the registered marks. The effective nationwide notice may be the most significant benefit because it reduces many of the risks of building a national brand.

Likelihood of confusion?

If you are seeking federal trademark registration, you will almost certainly be exposed to this concept. A “likelihood of confusion” is the most common reason that a mark would be rejected. Essentially, if the use of an applicant’s mark is likely to cause confusion with consumers because it is too similar to another mark, registration may be refused.

Do I already have a trademark?

You may. Trademarks may, and often do exist without any registration. However, national brands and those wishing to build toward national brands are much safer with the national protections offered by registration.

How to trademarks help businesses?

Trademarks help businesses by helping consumers. Trademarks are a safe way for consumers to find their way back to the businesses that have provided positive experiences. Trademarks are also a way for consumers to simply spread referrals for products and services that they like. Businesses benefit when large numbers of consumers seek out the trademarks of the businesses that gave them those positive experiences. Federal trademark registration helps that positive feedback loop apply uniformly across the country and creates an avenue for businesses to enforce their trademark rights.

Do I need to register a trademark?

Federal trademark registration is not required, but businesses frequently seek that registration because of the benefits described above.

How is a trademark different than my business name?

Business names are just that, the names of businesses. Because there are relatively few rules relating to business names, names of businesses can be very similar. Business names can be the same as trademarks, but they don’t have to be. It is generally the role of trademarks to help consumers decide which products and services they will consume. Those trademarks will often carry the reputation of the business in the minds of the consumers.

What makes a trademark strong?

Generic marks like “shredded wheat” may not be protected by federal registration because companies need to tell consumers about their product. Descriptive marks like “Best Buy” may be registrable but tend to offer weaker protection. Suggestive marks like “Greyhound” off a relatively strong legal protection and are generally easier to register. Fanciful marks like “Exxon” and arbitrary marks like “Apple” tend to offer the strongest legal protections and are generally easier to register.

john@edelpatents.com   |   (225) 302-8559