The procedure of registering a trademark might be intimidating. Most small enterprises, developing startups, and solopreneurs lack easy access to legal advice. Hiring an intellectual property attorney may appear to be too expensive.
The quick and easy registration procedure offered by DIY online service providers is quite enticing in many circumstances, especially for candidates just starting their company ventures. While these prospective clients may appreciate the benefits of trademark registration and seek to get one for themselves, they must understand the role that an attorney performs ineffectively registering that property.
When is it time to apply for a trademark?
The trademark registration procedure should ideally begin as soon as you’ve narrowed down a list of potential marks, such as business or product names, logos, and slogans. Starting the procedure early will allow you to learn about the availability of a certain mark before purchasing labeling and signs or developing a marketing plan based on the mark.
Furthermore, the day on which you file your trademark application with the USPTO becomes your priority date, and anybody attempting to file a confusingly similar mark after that date will be denied. Early on, locking down this fundamental protection may shield your brand from future copycats.
The do-it-yourself approach
Entrepreneurs are frequently natural do-it-yourself. Many people believe that registering their trademark without the help of an attorney is a more cost-effective option. If you opt to manage the procedure yourself, there are various online tools to help you. Everything from doing a thorough trademark search to determining the appropriate foreign classes and responding to Office Actions.
You will also need to become acquainted with the United States Patent and Trademark Office (USPTO) website to perform your search and choose the appropriate application. Furthermore, after your application is submitted, you must react to Office Actions issued by the USPTO within the timeframe specified. Each step must be completed correctly for your trademark to be approved.
Hiring an attorney
Working with an attorney is an additional expense that many entrepreneurs are afraid to incur, especially if their firm is not yet profitable. Working with an experienced attorney, on the other hand, lets young business owners focus on other activities such as product development, staff training, and promotion rather than the complexities of trademark law and application submission. Your attorney will ensure that the procedure works easily and quickly, giving you the protection you require as soon as possible.
Why hiring an attorney for trademark registration is better for small businesses?
Most small company owners do not have the time to learn the ins and outs of trademark law. When you hire an expert trademark attorney, you will receive a full range of trademark registration services in the United States, including trademark searches, application submissions, and discussions with the USPTO.
Search and analysis
A trademark search looks through the current register and pending applications for marks that may be similar to yours. While DIY websites may promise to cover the same topic, they are often more expensive and not nearly as comprehensive as those completed by a trademark attorney.
At Brealant, for example, our attorneys use cutting-edge tools to search pre-existing registrations for marks that may be comparable in sound, look, and function in fields connected to yours. Furthermore, the subsequent search results are examined with an attorney to ensure that the applicant knows of any risks or potential revisions that may be required when applying for their trademark.
This instruction, which is conspicuously lacking in most DIY website procedures, is frequently critical in deciding an applicant’s prospects of success.
On the surface, a trademark application may appear to be simple paperwork requesting the owner’s contact information and information about the goods or services supplied under the mark. However, the application form is packed with requests that need legal scrutiny upon closer review. Choosing the right class for your application, choosing the best filing basis for your product offers, and knowing what a correct specimen looks like for each class classification.
All of these decisions should be made with a trademark attorney who is familiar with the USPTO’s rules and procedures for filing a trademark. When accessing DIY websites, the program must make these decisions independently. If an error is committed, it may result in the denial of your application and potentially the revocation of your trademark.
Filings are needed after the application
Your application has been submitted does not indicate that no more filings are required. A statement of use submission may be required before your mark’s registration approval, depending on the filing basis of the application. Other potential files include extensions, Office action replies, and administrative changes, all left to the applicant’s discretion when using DIY sites.
These filings can affect the fate of your application; therefore, it is in your best interest to identify what filings may be required for your trademark with the help of an attorney to ensure that no mistakes are made that could endanger your application.
If the application is denied and must be resubmitted, any money saved by utilizing DIY websites will be lost. Because trademark attorneys may provide searches, application monitoring, filing facilitation, and other services, the odds of an application being successful are much better when submitted by an attorney.
Several academic studies have revealed that an application is more likely to be registered when filed with the aid of an attorney rather than by the applicant alone. Rather than putting your initial DIY site costs and government filing fees in jeopardy, have an attorney ensure that your application is completely and accurately completed to give you the best chance of registration success.
Save money by working with an attorney
Finally, the upfront expense of a trademark lawyer should be viewed as an investment in your company. While utilizing an attorney rather than a DIY online legal service may result in greater initial expenses, there is even more money saved in the long term by avoiding Office actions, litigation problems, and other potential stumbling blocks.
Your trademark reflects your firm’s brand, reputation, and business, making it the most valuable piece of intellectual property in your organization. While it may be tempting to save a few bucks, the possible problems lurking in the application procedure make it necessary to employ an expert attorney to handle your trademark assets.