When forming a small business, especially for our author and creative friends, folx tend to gloss over intellectual property. First of all, that's a big ol' word that most folx don't understand. Don't worry: we broke down intellectual property 101 in this blog for you. Just click here to learn the basics of trademarks for your business names, product names, logos, and trade dress.
Next, folx think trademark searches cost a million dollars.
Think again.
Let's dive into what a knockout trademark search means for someone looking for a Mississippi trademark lawyer or Louisiana trademark lawyer. Spoiler alert: federal trademarks are nationally regulated so you can use a lawyer licensed in any state (but don't you want a local so they can handle your contracts, licensing agreements, and all the other paperwork that comes with a business?)
Before you start a Louisiana trademark registration, back up.
You need to focus on a trademark availability search Louisiana first.
This is where you perform what is known as a "knockout trademark search" or "trademark clearance search".
Now, you need to analyze your findings based on current case law on a state and federal level.
In a perfect world, before you even form your business with the secretary of state or roll out your new products.
In a not so perfect world, now.
Or when you:
There's no wrong way to eat a Reese's, but there is a wrong way to protect your business and property.
When you use someone else's federally (or internationally) protected trademark, then you are committing trademark infringement. Just by being registered with the USPTO, you put everyone in the whole wide world (kind of) on notice you own it. Even if they don't actually know you do and haven't looked at the database. They have an obligation to check that out first.
That's why the knockout clearance search is important, even for Louisiana small businesses.
Before you start Googling "trademark infringement lawyer Louisiana", hang on a second.
What steps would the other person take if they think you are infringing on their name?
Not to mention the years long legal battles you have to go through, plus a rebrand, all because you didn't do a "quick" (in the grand scheme of things) Louisiana trademark availability search.
Just because someone has your name, doesn't mean you can't use it if consumers would not be confused by the two businesses. For example, if Tubbs' Club sells dog treats, but Tubbs Clubs sells golf clubs, then consumers may not confuse the two. That's never a guarantee and it's why analyzing case law, TTAB decisions, and current markets by a lawyer is important.
If your name is taken or you have gotten a cease-and-desist letter from someone else claiming trademark infringement, can you figure out how to rebrand so you can trademark it?
That's where a lawyer with a brain for intellectual property and marketing comes in handy. They can help you conduct a new search, or use the existing search, to help guide in the creation of a new name or logo.
Is that something you even want (spoiler alert: you really, really should if you have even an iota of ever selling your business, franchising, partnering, or doing business in other states)?
It ain't a secret you're reading this from a Slidell trademark lawyer website. So of course I'm going to say hire a trademark lawyer.
But there's good reason why I say that. It isn't just so I can buy Tubbs new toys:
You may be tempted to use "cheap" online sites that claim they can register trademarks for you. Here are some pitfalls that may happen:
If you choose us, you've got a big ol' trademark infringement and Covington trademark registration lawyer at your disposal. Here are some nerd groups I'm active in and when I say I'm active, I mean it. I sit in on about 8 hours of committee meetings a month.
I am an active member of multiple national American Bar Association committees and of the International Trademark Association.
1. USPTO Trademark Practice and Policy Committee (drafted a one-page ABA Policy re: USPTO breach)
2. ABA- IPL Trademark Litigation Committee
3. ABA-IPL Trademark Legislation Committee
4. ABA-IPL Young Lawyer's Action Group, where I am Trademark Subcommittee chair and 2025 Trademark Case Report Lead
5. Louisiana State Bar Association IPL Committee
Shoot us a message using our Contact Us Form or send us an email/text message. We can send over our trademark search and trademark registration pricing and some more FAQ. We are all about educating y'all rather than just taking your cash money. If you think you can do something yourself, have at it!
But if you need a consultation or want us to do it for you, holler at us. We work across Louisiana and Mississippi with virtual consultations so don't worry in you aren't in our backyard.
To be specific here are some cities. Why is it written that way, Amber? Look, sometimes we got to shove SEO in here and there just isn't a better way to do it. You found us and this is why. Act cool about it:
We are easy to find on Facebook and Instagram- type in @sheppardlawllc to watch goofy videos sprinkled with legal tidbits.
Tubbs even has her own Facebook fan club.
This blog was originally published on 01/28/2025. ©Sheppard Law PLLC, 2025-present.
