Business owners and entrepreneurs have that DIY attitude, which is perfect for someone taking on the challenge of product development and business building. Likewise, it is understandable with that sort of mindset that an entrepreneur would want to attempt to file a trademark application on their own. However, without the technical knowledge or experience with the United States Patent & Trademark Office (USPTO) it can be difficult to get your trademark registered. There are various detailed legal decisions to be considered when going through the trademark process. Without the proper knowledge or experience you could find yourself spending more money and time than necessary on getting your trademark registered. Once an application is filed there is no going back or refunds, so it is important to get it right from the beginning.
The University of North Carolina School of Law published an article “Do Trademark Lawyers Matter?” written by faculty members Jon McClanahan and Deborah Gerhardt. They conducted a study examining the differences in success rates for trademark applications being published by the USPTO by non-attorney filers and attorney filers.
The study discovered that 82 percent of all applications submitted by attorneys received preliminary approval for registration, versus only 60 percent in comparison to the non-attorney filers. The researchers concluded that “This data suggests that the presence of a lawyer made a meaningful difference”.
Our trademark attorneys have first-hand experience in working with clients who have filed a trademark application on their own only to receive a detrimental USPTO Office Action or outright rejected and forced to refile. Let our team of experienced trademark attorneys help you avoid wasting time and money, by filing a proper trademark application from the beginning!
