What actually happens when you file a Trademark application on your own?

Thinking about filing a trademark application on your own? You might want to think twice before going at it alone. While there are certainly benefits to taking matters into your own hands (I personally, love a good DIY), there are also some serious drawbacks that you should be aware of before getting started. As your friendly neighborhood attorney, let me explain why you might want to hire an attorney instead.

1) FILING BLINDLY. The very first thing to point out - filing on your own means you’d essentially be filing blindly. Without running a comprehensive search and analyzing the results to determine the risk (which really only an experienced trademark attorney is qualified to do), you’ll end up filing without knowing what other marks or brand names are out there that might be similar to yours. This is the #1 most difficult hurdle to overcome during the trademark application process. You need to be prepared for any potential conflicts and some conflicts are so difficult to overcome that we as trademark attorneys may even suggest you don’t file at all!

2) COMPLICATED APPLICATION PROCESS. Second, let's talk about the application process itself. Sure, you can file your own trademark application online and it might seem pretty straightforward, but there are some serious pitfalls to watch out for. For one thing, the Trademark Office’s site and the application itself are full of legal/trademark-related jargon that can be difficult to understand. Unless you have experience in filling them out, you might find yourself scratching your head more than once. Or worse, filing incorrectly with incorrect information.

And that's not all! There are also a ton of rules and regulations that you need to follow as far as trademark strategy if you want your application to be successful. One wrong move and your application could be rejected. This just means wasted time and money on your part.

3) KEEPING UP WITH DEADLINES. But let's say you're feeling confident and you decide to file your own application anyway. What could go wrong, right? Well, for starters, there's the issue of timing. Trademark applications can take months to process, and if you miss a deadline or forget to file a required document, you could end up delaying the process even further. And trust me, the trademark office is not known for its speedy service.

4) RECEIVING OBJECTIONS. And if that wasn't bad enough, there's also the possibility that your trademark could be rejected outright. Maybe someone else has already filed a similar trademark (cue that comprehensive search we already talked about), or maybe your trademark is too generic to qualify for protection (a trademark attorney would be able to tell you that before you even file). Whatever the reason, if your application is rejected with no ability to move forward, you'll be back at square one – and out of pocket for all the fees you paid to file in the first place.

So what's the solution? Well, if you want to avoid all the headaches and pitfalls of filing your own trademark application, the best thing you can do is hire a professional. Sure, it might cost a bit more upfront, but it will undoubtedly save you a ton of time, money, and frustration in the long run. Plus, with a professional on your side, you can rest easy knowing that your application is in good hands.

In the end, filing your own trademark application might seem like a good idea at first, but it's definitely not for the faint of heart. You're almost always better off leaving complicated legal processes to the professionals. Trust me, your future self will thank you.

This post is intended for general informational purposes and is not intended to be, and shall not be relied upon, as legal advice.