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Do I Need an Attorney to File a Trademark?


Is it necessary to work with an attorney to file a trademark?

Do I need an attorney to file a trademark? This is a common question that business owners ask.

Let’s start by saying that when applying for a trademark, you do not need an attorney. Everything you need to complete the registration process is available for free at the United States Patent and Trademark Office (USPTO) website.

However, filling out a trademark application is a very complex and detailed process that requires many legal searches and decisions along the way. And are you willing to take the application process on yourself and spend a good amount of time learning the ins and outs of trademark law? For most business owners, the answer is no.

Hiring a trademark attorney can ensure your application is done right the first time, giving you the protection, you need without wasting time, effort, and/or money. An attorney provides invaluable guidance and advice when navigating the trademark registration process.

Why You Should Hire a Trademark Attorney

Hiring a skilled and experienced trademark attorney will give you a better chance of having your trademark registration approved than if you file a trademark on your own. In fact, one study found that trademark attorneys increased the likelihood of approval of a trademark application by 50%.

Many business owners choose to handle their own application process because many articles online make it sound easy. While the USPTO has a step-by-step guide, they’re also careful to say that it might be a good idea to work with an attorney because it’s easy to make a mistake during the filing process.

An Attorney Will Conduct Your Trademark Clearance Search

The first step to filing a trademark is conducting a comprehensive trademark search. You want to determine whether a similar trademark has been used before you begin your application. A search could save you the time and money spent on a rejected application.

While this could be a do-it-yourself task, you’ll only find exact matches for your trademark. Unfortunately, most trademark disputes arise from trademarks that are likely to cause confusion in the marketplace. Keep in mind that there are more than 3 million registered trademarks in the U.S. alone.

A trademark attorney can conduct a complete, comprehensive search, looking for anything confusingly similar to your mark. Only with an in-depth search can you ensure your mark is unique. If your lawyer is alerted to a possible match, they can help you create a path forward for possible registration.

An Attorney Will Prepare Your Trademark Application

As you apply for your trademark, there are many legal decisions that you must make along the way. Also, there are many potential pitfalls and complications that you’ll face. While you’re an expert in your own field, you may not have the legal knowledge to handle the trademark application process on your own.

Trademark attorneys have a wealth of knowledge and experience in the field and understand what is needed to get approval. They can determine the International Class for which to register your trademark. A trademark attorney will help you through all the details of the application and ensure your filing is complete.

One study found that 83% of applications filed with the help of a trademark attorney were granted approval. So, working with a lawyer can give you peace of mind that the application is being processed correctly.

An Attorney Will Follow Up on the Process

Your trademark attorney will follow your application throughout the process. They can help you adhere to deadlines and track all the relevant dates the USPTO imposes on the registration that may affect the status of your application.

If the USPTO needs any clarification or amendments to the application forms, your attorney can do these on your behalf. They will respond to any inquiries regarding the application.

If you’re thinking about trademark registration, it may be time to hire a Florida trademark attorney at the Goodwin Law Firm. From conducting comprehensive searches to filing your application correctly and responding to legal correspondence from the USPTO, our trademark attorney can help improve your chance of approval.

Our goal is to help protect your brand as you work hard to build it.

Contact us today to get started.

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