Trademarking

Why Do I Need to Hire a Trademark Attorney

You can file for a trademark on your own but you really shouldn't.

Have you ever wondered, how start a business? Or are you a new business owner, you've got your business, a business name and a logo and don’t know what to do next? Or let’s say, you’ve been in business for a while and you want to protect your brand, so now you're thinking of filing for a trademark on the United States Patent and Trademark Office aka UPTSO website, but still not sure how to go about it.

  • Maybe you're wondering whether you can do it yourself.
  • And if you can, then why hire a trademark attorney?

The answer to whether you can file for a trademark yourself is YES.

You can file for a trademark online at the USPTO website. But hold on a second! Did you know that a recent study at the University of North Carolina School of Law (UNC) found that only about 57% of everyone who filed a trademark application without an attorney got approved by the government?

And interestingly a whopping 83% of the people who used a trademark attorney received government approval.

Does that tell you anything? Yes, hiring a trademark attorney gives you a better chance of getting that approval you need. This is because a trademark attorney has the knowledge and expertise and they know exactly how to conduct a comprehensive trademark research and some other tricks you may not know.

But that's not all the reasons! Here are some more:

  • To help with the trademark selection process.

You may think you already have it all figured out. You've chosen the right name, the right logo and now you're good to go. But do you know all the laws on choosing a trademark? What if the trademark you chose is conflicting with an already existing one? These and other issues can be conveniently sorted out by a trademark attorney with a comprehensive research in a few hours. The attorney will help you choose a trademark that best suits your products and services. This is very important since once registered, changing a trademark can be very difficult and even a lot more expensive.  

  • To help you with the application process. A trademark attorney is well trained and experienced in the intricacies of the trademark application process. They know exactly why applications get accepted or rejected and this is why they have a higher chance of getting your trademark approved. An attorney understands all the legal jargon and can draft a legal document within seconds. With this knowledge, they're able to issue your trademark application in the right legal language so that when it gets reviewed, it gets approved. Also the trademark application process itself is really not as straightforward as you may think it is and the attorney will help you avoid any registration mistakes.
  • To help you understand your trademark rights.

Aside representing you before USPTO and helping facilitate your trademark approval process, a trademark attorney will also educate you on how best to protect your trademark from infringement.

It is not enough to get your trademark approved. You have the legal duty of protecting it from infringement and you definitely need a seasoned attorney to help you understand your trademark rights and also help you enforce them.

For instance, what if someone claims you're infringing on their trademark? Or maybe you find someone infringing on yours? In cases like these, if you registered through a trademark attorney your life will be a lot easier because the attorney will step in and make things right.

Filing a trademark application without an attorney is possible but why go through all that stress when you can hire an attorney to help you conduct a comprehensive trademark research and help statistically increase your chances of getting approved.

Hiring a trademark attorney saves you lots of stress. Your brand is your baby, you owe it to yourself to protect it.


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