The Question You May Be Asking: Should I Hire a Trademark Attorney?

Do I Need a Trademark Attorney?

Working with a trademark attorney to register your trademark is highly recommended. While it is not a requirement for U.S. citizens to hire an attorney when registering a trademark, the USPTO highly recommends working with an attorney to prepare and file your application. An attorney’s counsel greatly increases your chances of approval and helps you to secure the broadest possible protections for your mark. It will also allow you to remain focused on your business, not the complexities of the trademark application process.

A trademark attorney can:

  • Perform an invaluable, comprehensive trademark search to identify any potential conflicts or competitors prior to filing
  • Evaluate the goods and services you plan to offer under your mark and craft those descriptions into new, specialized language for your application
  • Submit an application that adheres to all of the USPTO’s requirements and nuances
  • Be available to answer any questions that may arise throughout the trademark registration process
  • Assist with protecting your trademark throughout its lifetime by tracking the necessary maintenance filings and advising during any enforcement matters

Higher Percentage of Approval

You may be thinking that of course a trademark attorney would suggest hiring an attorney, but don’t just take it from us. – A recent study by the University of North Carolina found that applications filed by trademark attorneys did, in fact, have a higher likelihood of approval than those that did not. While 57% of people who filed without the help of an attorney received government approval, that number jumped to 83% approval when submitted with the help of an attorney. To avoid the time consuming and costly process to refile your application, you should consider working with an experienced trademark attorney from the beginning.

Why Hiring a Trademark Attorney Improves Submission Success

One reason for a higher submission success is the comprehensive trademark search. People working without an attorney often conduct a quick search through online search sites, or even Google. These are not comprehensive searches and could leave out results of similar trademarks, which would later be flagged by a USPTO examiner. Trademark attorneys, on the other hand, have access to more sophisticated software that can find exact and similar trademark matches before you pay your application fee and submit your application.

Knowing the Process

The attorneys at Gerben Intellectual Property have filed over 8,000 trademark applications. We understand the legal implications of each decision, from conducting your search to selecting the right international classes of goods and services you plan to offer. We also have extensive experience communicating with the USPTO, and can file most non-substantive Office Action responses on your behalf.
The language used in a trademark application sets legal rights for the mark going forward. As trademark attorneys, our goal is to help you protect your brand through trademark registration. We do this by crafting the language of the application to ensure your application is accepted by the USPTO, and that your rights are as broad as possible.

Talk to an Attorney

Whether you are just beginning to consider filing your trademark or you’ve begun the process on your own, but don’t know the next steps, contact an experienced trademark attorney today. While the cost to work with an attorney is a little more than filing alone or through LegalZoom, the value far exceeds the expense. You will not only have the assistance of a knowledgeable professional, you will increase your likelihood of approval, and obtain the broadest possible protections as well.