5 Reasons Your Trademark Needs an Attorney

While anyone can make an account with the USPTO and file a trademark, inexperienced users often blunder their way around the registration process. The USPTO is very fickle, and it takes a particular finesse that only nuanced attorneys possess. Below are some critical reasons for why you should obtain an Attorney of Record:

1. Attorneys can perform background searches within the USPTO records. Before filing your mark, you need to make sure that it’s available! In order to save you marketing money, Attorneys can search your proposed name to check for conflicts that could prevent registration.
2. Attorneys know exactly how to file your application. When submitting your initial application, how many classes should you file in? What’s the difference between 1(a) and 1(b)? What the heck is a specimen? Attorneys know the ropes within the USPTO and understand what your application needs. They are able to submit your application in a way that accurately represents your business plans and goals for your mark.
3. Attorneys are more likely to successfully respond to an Office Action. When the USPTO has a problem with your application, they issue an Office Action to deter your registration. With too many failed attempts, your application can be permanently abandoned. Attorneys know exactly how to respond, whether it’s amending your application or bombarding the USPTO with case law in your favor. Either way, individual applicants are less likely to overcome this obstacle to registration.
4. Attorneys can police the use of your mark by others. The benefit of a trademark registration is the protection it offers for your business, and it is important to enforce this protection against any threats. Attorneys are able to locate infringement and react accordingly by sending cease and desist letters or pursuing litigation.
5. Attorneys can maintain your registration. Once your mark is registered, your work with the USPTO isn’t done. You are required to submit evidence of your continued use of the mark after both the fifth and ninth anniversaries of registration. Employing an attorney allows them to manage your registration, leaving you to focus on the growth and success of your business.