When people are considering filing a trademark, the question of “do I have to have an attorney or can I do it myself?” is common. The only real advantage to doing it yourself is that it has the potential to be cheaper. There is still the USPTO’s filing fee. It is true that you can save several hundred dollars by doing it yourself, but that is an unlikely scenario.
Approximately 2/3rds of all trademark applications are rejected. When a rejection takes place, the applicant has 3 options: File a more complex legal proceeding, create a new trademark or forget about pursuing a trademark. Many times the rejection may be overcome, but is beyond the scope of most peoples legal ability. If the rejection can be overcome and an applicant gives up on the trademark without consulting an attorney, their business may be at risk or unprotected.
For a more complex proceeding to overcome the rejection, legal knowledge above and beyond what most people possess, is required. If you create a new trademark, then you will have to pay the filing fee again. Even the United States Patent and Trademark Office recommends an attorney over doing it yourself. Most of the time it is cheaper to hire an attorney in the beginning. An attorney can give you the best advice about your chances of having it go through the first time. An attorney can also help avoid some of the smaller more common errors that may cause the application to get rejected the first time, such as; submitting an improper specimen or improper filing basis.
If you still aren’t sure, contact us, for a free consultation.