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:

💡PROPER SEARCH AND CLEARANCE

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.

💡COMPLIANCE WITH ALL TECHNICAL REQUIREMENTS

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.

💡GIVES YOU THE BEST CHANCE OF GETTING REGISTERED

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.