No matter what industry you're in, you should make it a priority to set your products and services apart from your competitors. You can easily do this through a trademark, which is a word, tagline, image or logo signifying your unique brand.
Ideally, trademarking your business name and/or logo is something you should be thinking about as soon as you form your company and have finalized your name and logo. While not all businesses need to spend the funds to trademark upfront, at a minimum you'll want to search the United States Patent and Trademark application database prior to finalizing your name and logo to ensure that if you do experience success, you can register your name and logo at that point.
Trademarks are critically important for retail stores, product manufacturers and restaurants. If you're in those businesses and plan to trademark on the front end, build those costs into your startup budget.
How can Business Law Group help me with getting a trademark?
Registering a trademark can be difficult if you're not familiar with the process, and if you're not working with an experienced trademark attorney. While many business owners fall into the trap of thinking they can trademark their business assets themselves, the reality is that we see many entrepreneurs make mistakes that cost them time and money later.
For example, you might not realize that before you can begin the process of applying for a graphic mark for your logo, you must secure all the intellectual property rights to your logo. That means you need to obtain a written Intellectual Property Assignment by the artist or creator when you purchase your logo; otherwise, by law, the artist still maintains rights to the logo.
While the Louisiana Secretary of State also provides trademark registration services, these services are unnecessary for a number of reasons. At Business Law Group, we often work with clients who mistakenly believe that such state registration provides them with state protection of their name or mark. However, this isn't correct, as the state registration provides no more substantive rights than use of the mark in Louisiana provides. In fact, without using your name or logo mark in commerce, you won't be able to secure any legal rights to that name or logo because use is a requirement to any protection of your mark under law.
What do I need to do to protect my company's intellectual property?
You already know that some of your company's most valuable assets are “intangible” intellectual property. An experienced trademark attorney helps you protect these assets from the time you create it, and helps you if someone uses it without your permission.
Your intellectual property assets can include:
- Trade “secrets”
- Unique product features.
Business Law Group can help your company protect your greatest assets, including:
- Reviewing your Intellectual Property Assignments and contracts to ensure you own your logo and other graphics
- Review and define the materials you should trademark and copyright
- Register your trademarks and copyrights
- Create confidentiality and non-disclosure agreements
- Protect your intellectual property from infringements and settle disputes against infringers.
BEST BUSINESS ADVOCATE
“If you're looking for an attorney who'll always keep your best interests in mind, look no further. Amanda has represented my business for three years now and I can attest that her knowledge and her professionalism is second to none.”
– Rick Lord, CEO,Tidewater Constructors
SCHEDULE YOUR CONSULTATION WITH BUSINESS LAW GROUP TODAY
Whether you're a startup or established company, our Business Law Group attorney team can help you trademark and protect the special assets and intellectual property that make your business unique. Schedule your consultation with us today so we can help you protect your brand's greatest assets.