The Pitfalls of DIY Trademark Registration: Why You Need a Trademark Attorney to Help Register Your Mark

It seems appealing to handle your trademark registration on your own. It’s just some simple paperwork, right? And it’s cheaper, right?

In reality, the application process is detailed, with complex legal requirements, and some legal decisions will need to be made throughout the process, including before your application is even submitted. Doing this on your own can result in time-consuming mistakes, the need for expensive refiling, and complete rejection of your application. It can also potentially lead to costly and drawn-out disputes with third parties.

Here are the top three reasons why having a trademark attorney assist you in filing your registration will save you time, money, and heartache and increase your chances of getting your trademark registered:


Before you hit submit on your application, you’ve got to make sure your chosen trademark isn’t stepping on anyone else’s toes. Otherwise, you risk not only having your trademark application rejected but also getting an objection from a third party to both your application and your use of the trademark.

A trademark attorney can conduct a proper search to ensure that your mark is available to use. They can also use the results of that search to help you make adjustments to your application to increase your chances of successfully registering the mark and avoiding a third-party objection.


Navigating the technical aspects of the application process is daunting for those unfamiliar with trademark law. A trademark attorney ensures that each element of your application meets the requirements, including helping you submit a proper drawing and specimen of use, choosing the suitable class or classes for your goods or services, and drafting precise, accurate, and acceptable identifications of goods and services. In short, a trademark attorney can help ensure that your application aligns with legal standards and maximize its chances of approval.


The grounds for refusal of an application by the United States Patent and Trademark Office (USPTO) are diverse and nuanced. An application can face challenges based on failing to meet technical requirements, the substance of the goods and services identification, or purported issues with the mark itself, like the likelihood of confusion with another mark, functionality, descriptiveness, or genericness. An attorney can not only help you prevent some of the challenges from arising but also help you if they do arise by negotiating with the USPTO examining attorneys and responding to office actions. And in the event of a challenge by a third party, a trademark attorney can also represent you in front of the Trademark Trial and Appeal Board (TTAB) or in getting that dispute resolved amicably.

The decision to engage a trademark attorney is an investment in your brand’s long-term success and protection. By leveraging their expertise and investing in the front end, you save time, money, and energy and increase the likelihood of securing a registered trademark that can be a valuable asset for your business. Brient IP is here to help you with all of your needs related to registering your trademarks.

Understanding Trade Dress Protection: Essentials for Brands

Dive into the world of trade dress protection and learn how it can safeguard your brand’s unique visual identity. Find out when and why it’s crucial for your business.

Key Trademark Abandonment Case: Adamson v. Peavey Analysis

Explore the pivotal Adamson v. Peavey case, a precedent in trademark law. Learn how minimal sales led to a finding of trademark abandonment.

State vs. Federal Trademark Registration: What You Need to Know

Discover the strategic decision behind choosing state trademark registration. Learn its benefits, limitations, and how it compares to federal options.

Understanding Trademark Application Types: ITU vs. Use-Based

Dive into the distinct world of U.S. trademark applications. Discover when to opt for an ITU or use-based application and the legal intricacies involved.

The Essential Guide to Certification Marks: Unlocking the Power of Quality Standards

Discover the world of certification marks, a key tool for confirming quality and standards. Understand their importance across industries and the registration process.

Navigating the Pitfalls of Trademark Filing: Essential Tips for Success

Trademark filing can be fraught with hidden pitfalls. Learn how to identify reputable firms and avoid costly mistakes in your trademark application process.

Top 5 Trademark Rulings of 2023: Essential Insights and Impact

Dive into the groundbreaking trademark rulings of 2023. This article sheds light on major legal shifts and practical takeaways in trademark law.

Navigating USPTO Wait Times: The Strategic Advantage of Early Trademark Filing

Facing extended wait times at the USPTO? Discover why filing your trademark application early is more crucial than ever. Learn about the strategic advantages and legal benefits of early filing in our latest article.

Understanding Trademark Infringement

Discover the intricate factors that define trademark infringement, from mark similarity to consumer sophistication. Learn how these elements influence the outcome of infringement cases.

Selecting a Strong and Distinctive Trademark

Navigate the complexities of trademark selection with our insightful guide. Discover the five levels of trademark distinctiveness and learn how to choose a mark that not only stands out but also offers robust legal protection. Perfect for businesses seeking to secure their brand identity.