Do I Need to Hire a Trademark Attorney to File a Trademark?

Most business owners know that registering a trademark is important for protecting their brand. However, many don’t realize that they may not need to hire a trademark attorney in order to file a trademark. Although, you can file a trademark with the United States Patent and Trademark Office (USPTO) yourself, in some cases it is better to hire a trademark attorney. This especially goes for people who are new to trademarks and have never filed a trademark before.

In this article, we’ll discuss what you need to know about filing a trademark and whether or not you need an attorney to help you. Let’s get started!

What is a Trademark and What Does it Protect?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those belonging to another. It is basically a word or phrase that you own and can use to identify your business, products, and services. A person who operates a bakery may want to trademark their bakery’s name and their slogan, “baked fresh daily,” for instance.

The goal is to ensure that only your bakery can use your logo, catchphrase, etc. to identify their products. This helps protect your business from other parties using the same trademarks in order to sell similar products. This also prevents customers from being confused between brands and possibly losing trust in your business.

How to File for a Trademark on Your Own?

The first thing you must do is conduct a search to ensure that the trademark that you want to file for hasn’t already been filed for by another party. This is done by searching through the USPTO database or using a paid search service.

The next step involves actually filing the application with the USPTO. There are several forms to complete, but the process is relatively simple. You simply pay a filing fee of $250 or $350 per class of goods and submit the application. A class of goods refers to a category of related products or services that your trademark will be used with. There are 45 classes in total, 34 for goods and 11 for services. You must accurately identify the classes of goods and/or services under which your trademark would be filed.

Once your application is filed, you will receive a receipt from the USPTO. This starts the examination process, which can take approximately six to nine months.

The Benefits of Hiring a Trademark Attorney

Hiring a trademark attorney can be beneficial in certain situations, such as when you are filing for multiple trademarks or if it is your first time filing for a trademark.

If you are new to trademarks, filing for a federal trademark may be confusing and difficult to do alone. There are many fine details that you will need to follow. A trademark attorney can provide valuable assistance and guidance throughout the entire process, ensuring that your application is filed correctly and that you receive the best possible chance of approval.

The same goes for situations where there’s a likelihood of receiving an objection or refusal from the USPTO. If you are filing for a trademark that is similar to another party’s, there may be a refusal issued by the USPTO examining attorney. In this case, a trademark attorney can help you respond to the notice, file an appeal or provide other assistance in resolving the issue.

A trademark attorney can also help you search for similar trademarks to prevent conflicts with other parties who have filed the same or similar trademarks. This helps reduce your risk of receiving an objection from the USPTO when filing for your own trademark.

Moreover, a trademark attorney can explain your rights concerning the registered mark and also the possibility of pursuing counterfeit goods that are being sold using your trademark. The additional benefit of monitoring your trademark with the help of an attorney really helps in pursuing infringement claims.

For many business owners, it’s difficult to keep track of their trademark application after it has been filed. A trademark attorney can keep track of the progress, check status, and ensure that your business receives any correspondence from the USPTO.

In general, your trademark is how customers will identify your company so it is vital that the trademark is filed properly. A good trademark attorney will ensure that your trademark application passes any possible hurdles from the USPTO, and help you protect your brand.

At TrademarkUnion, you can choose to file your trademark application through a U.S licensed trademark attorney by visiting our trademark registration page and selecting the “Executive Package”.