Should I Hire a Trademark Attorney?

Though you are not required to hire a trademark attorney when registering your trademark, there can be dire consequences of applying for your trademark on your own. This will actually save you time and money in the long run, and the United States Patent and Trademark Office even recommends hiring an attorney for help.

A trademark attorney will help you by running a due diligence search to make sure no other registered trademarks would conflict with your application. They will also ensure that you do not file your trademark under the wrong classes of goods and services. These precautions prevent notices from the USPTO called “Office Actions” which can create issues with your application. Some of the top reasons applications receive Office Actions is for a “likelihood of confusion”, meaning there’s a registered trademark that is too similar, or a “descriptiveness” issue, meaning your trademark is merely describing your good or service and is not unique enough. If you get too many Office Actions, your application will be rejected. This is another issue that a trademark attorney can help you tackle.

Overall, a trademark attorney will conduct a proper due diligence search, ensure that you have filed your trademark in the proper classes, and make sure all other requirements are met all while monitoring your trademark from beginning to end.

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