Do You Need an Attorney to Register a Trademark?
Do you legally need an attorney to file or register a trademark? The answer is no. Then why do trademark attorneys exist? And why should you hire one to help you register your mark? The answer is simple, using an experienced trademark attorney will make your life easier and greatly improve the chances of your trademark being approved and ensure that you obtain the broadest protection possible.
Every mark involves a series of important decisions, which need to be made. It is much easier to file a trademark, than file a trademark correctly. And it is much more cost effective to file a mark correctly the first time rather than try to salvage an application with mistakes. Even if you are able to get through the trademark registration process on your own and receive your certificate, you may end up holding nothing more than worthless piece of paper. Just because the trademark office allows you to register a mark, does not mean the mark is valid. Errors in filling out the trademark registration forms can seriously diminish your rights, and in some instances, invalidate your trademark registration.
Further, filing a trademark application to register a logo or design, rather than a word, is significantly more complicated. Also, there are different applications depending on whether your mark is currently in use or whether you are intending to use it in the future. If you are not using your mark and want to file an Intent-to-Use application, this process is also significantly more complicated and requires additional paperwork once you start using the mark.
A qualified trademark attorney will know which version of your brand should be registered as a trademark, whether to registered as a text mark, stylized design mark or a stylized design plus text mark. Each type is fundamentally different and will impact the scope of rights you obtain at registration. Trademark lawyers are trained to understand which international classes are the ones related to your business, whether the mark should be filed in your name, your company’s name or whether a new company should be set up to hold the registration.
Filing an application for trademark registration is more complex than it seems and it will always be less expensive to file an application correctly the first time, than it will be to correct, or redo, an application. ARC IP Law has successfully registered hundreds of marks with the United States Patent and Trademark Office and can help you navigate through all of the procedures of registering a valid trademark.
Danna Cotman is the founder of ARC IP Law and has years of experience registering, enforcing, and protecting trademarks.