What Actually Happens When You File a Trademark Application on Your Own?

Thinking about filing a trademark application on your own? While there are certainly benefits to taking matters into your own hands, there are serious drawbacks to understand before getting started. Here are four reasons working with an experienced attorney can matter.

1. Filing blindly

Filing on your own can mean filing without a comprehensive search and analysis of the results. You may not know what other marks or brand names are out there that could be similar to yours. Potential conflicts can be difficult to overcome, and in some cases an experienced trademark attorney may advise you not to file at all.

2. A complicated application process

You can file online and the application may look straightforward, but the process is full of legal and trademark-related jargon. Without experience, it can be easy to file incorrectly or provide the wrong information. There are also strategy decisions that can affect whether an application is successful.

3. Keeping up with deadlines

Trademark applications can take months to process. If you miss a deadline or forget a required document, you could delay the process even further.

4. Receiving objections

An application can be rejected because someone else has filed a similar trademark or because a mark is too generic to qualify for protection. If an application is rejected without a path forward, you can end up back at square one after spending time and filing fees.

Working with a professional can save time, money, and frustration in the long run by helping you approach the process with a clearer view of the risks and options.

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