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  • Danielle Brent-Bownes

Are Trademark Attorneys Necessary?

As you may have learned so far, your trademark is one of your greatest and most valuable assets. One of the ways to ensure that any legal process runs smoothly is to hire an attorney. Since trademark registration is a legal procedure, you might be wondering if you need to hire a trademark attorney.

You do not need to hire a trademark attorney when filing a trademark registration application with USPTO. However, if you can afford an attorney's services, you should hire a trademark attorney. Registering a trademark appears to be an easy process, and because of that, many never see the need to hire a trademark attorney. As much as registering a trademark might seem like an easy process, it is a detailed process that entails several legal decisions.

Here are some questions to consider to determine if you need to hire an attorney.

  1. Do you know how to conduct a proper comprehensive search for your trademark?

  2. Do you understand which classes you need to file for your trademark?

  3. Can you write and accurate and complete description of good and services in your application?

  4. Do you know how to submit a proper specimen with your application?

  5. Are you prepared to respond to the USPTO if you receive an office action?

  6. Do you understand likelihood of confusion?

If you cannot answer yes to any of these questions, please hire an attorney. These questions are just the beginning of what you need to know to handle the trademark process.

When is it a Wise Idea to Hire a Trademark Attorney?

There is no particular right or wrong time to hire a trademark attorney if you can afford one. Nevertheless, it is advisable to hire one when you get an idea of the mark you intend to use.

The first step of the trademark or service mark registration process is searching for the availability of the mark you intend to use. By hiring a trademark attorney, you will have a professional by your side to assist you with the search.

Even without an attorney, you can successfully search and clear a mark, but sometimes some factors can cloud people's judgments.

For example, in some situations, people fall in love with certain names or phrases to the extent that they fail to conduct searches thoroughly. Or they conduct a search and see that the name is already in use and have the misconception that if I change a letter or add a word to my mark it will be okay but most times it won't. An attorney will help you ensure that your love for a name or phrase does not interfere with the search and clearance process.

Having an attorney do a thorough search gives you confidence that you name or phrase is not being used by someone else. You do not want to waste your time and money investing into a brand thats already taken. Rebranding is expensive! Just think of how much you paid for your website, logo, packaging, and marketing materials to only find out you can't use them.

Why is it a Good Idea to Embrace the Services of a Trademark Attorney?

There are several reasons why you should consider hiring a trademark attorney if you can afford one. Outlined below are some benefits of hiring trademark attorneys.

  • The trademark office can assist you during the process, but only an attorney can provide you with legal advice.

  • A trademark attorney can help you select a strong trademark.

  • An attorney will help you understand how best to use your mark to provide it with maximum protection.

  • A University of NC School of Law study suggests that pro se applicants are less likely to succeed in registering marks. According to the study, working with an experienced trademark attorney can increase your chances of successfully registering a mark by 35-50%.

Additionally, apart from helping you before and during the trademark application process, a trademark attorney can help you afterward. For example, in case of any refusals to register a mark, a trademark attorney comes in handy.

Contact Us Today for Help

We care about you and your business. We want to help you successfully register a trademark and protect your trademark rights after a successful registration. Contact us for a consultation today. We are here to offer you the help you deserve.

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