If you are considering applying for a trademark, either by doing it yourself or using a trademark filing service, please read this.
There’s a lot of noise on the Internet about trademarks. Don’t be fooled – it’s more than just filling out online forms. That is only the first part of the process.
Trademarking involves making dozens of legal decisions and judgment calls – and you’re not likely to make all of the right choices. It’s very easy to make a filing mistake that you cannot fix later. This is why most attorneys stay away from trademarks!
They know that when you apply for a Federal trademark, you start a Federal legal proceeding. They also know that the U.S. Patent and Trademark Office’s rules severely limit how you can change your application after filing. That is why they send their clients to us.
How does a trademark attorney help?
- We’ll increase your probability of success by up to 50%.
- We’ll give you legal advice.
- The USPTO encourages you to hire a trademark attorney
- 80% of all applications require a response to an initial refusal.
- You’ll avoid overpaying the non-refundable USPTO filing fees.
- You’ll save time.
- You’re running a business, not learning trademark law.
1. We’ll increase your probability of success by up to 50%.
According to the Wall Street Journal, Federal trademark applications filed by trademark attorneys are 50% more likely to be approved than those filed by applicants on their own.
2. We’ll give you legal advice.
Although the USPTO will try to help you during the process, trademark examiners cannot give you legal advice. Federal law prohibits it. Without an attorney, you are on your own for the toughest decisions. Plus, you’ll need to comply with every statutory requirement and every USPTO rule – the USPTO cannot give you a break.
3. The USPTO encourages you to hire a trademark attorney.
Related to reason # 2 above. Federal trademarks are Federal legal proceedings. Plus, the USPTO’s rules are specific and unforgiving. It is very easy to file an application with a mistake that cannot be corrected.
Not every trademark attorney is registered with the USPTO. We are. Contact us.
4. 80% of all applications require a response to an initial refusal.
An experienced trademark attorney can effectively respond to initial refusals to register your trademark. We know the Federal trademark statute and the USPTO’s rules and procedures.
5. You’ll avoid overpaying the non-refundable USPTO filing fees.
Some applications (those with many goods and services) can require over $1000 in USPTO filing fees. These fees are non-refundable. An experienced trademark attorney can make sure that you don’t pay for products and services that have little or no hope of being accepted.
6. You’ll save time.
The Federal trademarking process routinely takes between 8-12 months. Working with a trademark attorney can help ensure that you are closer to the 8-month timeframe and not the 12. USPTO trademark examiners are far more likely to negotiate with us, which speeds up approvals. Plus, we already know the laws and procedures to get applications approved.
7. You’re running a business, not learning trademark law.
Federal Trademark law is complex. The USPTO has too many rules and procedures to count. It takes years to learn how the trademarking process works. There are a lot of attorneys who can’t even do it.
Wouldn’t it be better to focus your skills where they’re needed most: running your business?
Do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry. Your brand is worth it.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).