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When it comes to trademark registration, the process might seem straightforward enough to handle on your own or with the help of an online filing service. However, there is more than meets the eye. We explore three different paths to registering your trademark: doing it yourself (DYI), using online filing services, and hiring a qualified trademark attorney.
Doing It Yourself Is Complicated and Time-consuming
The Do-It-Yourself route for trademark registration seems tempting at first, especially if you are looking to cut costs. However, this approach proves to be more complex, time-consuming, and expensive than many anticipate:
- You have to spend days researching trademark laws and figuring out complicated procedures.
- You have to deal with tons of paperwork, and if you make one small mistake, your registration gets rejected, and you have wasted a lot of your time and the official fees you have paid.
- It is more expensive (if you value your time above US$20 per hour).
- Studies show that 65% of all trademark applications get rejected. Based on that, you cannot count on a successful registration and might have to argue objections or re-file your application, which both cost you more time and more money. Also, the government fees are nonrefundable.
Reasons your application can get rejected
- Lack of Distinctiveness
- Likelihood of Confusion
- Deceptive Marks
- Descriptive Marks
- Generic Terms
- Geographically Descriptive
- Prohibited Symbols or Names
- Scandalous or Offensive Marks
- Conflict with Prior Rights
- Functional Features
- Non-distinctive 3D Shapes
- Trade Names Without Trademark Use
- Bad Faith Application
- Failure to Respond to an Office Action
- Incorrect Applicant Information
- Inadequate Specification of Goods/Services
- Lack of Authorization
- Violation of Public Order or Morality
- Absence of a Declaration of Intent to Use
- Failure to Pay Required Fees
Note this is not a complete list of every possible reason for rejection.
Online Filing Service Platforms Lack Expertise
In recent years, numerous online platforms have risen to offer services to file trademarks via their software. While these can appear convenient and economical, they come with substantial limitations:
- These platforms provide a one-size-fits-all solution that does not match your trademark registration's specific needs or complexities. This is the number one cause of rejection of trademark applications through these platforms.
- The chance that your registration will be successful is the same as doing it yourself, so still at only 35%.
- Should your trademark face office actions or opposition, these platforms cannot represent you in court, and they have to sub-hire qualified trademark attorneys to do the work for them.
- And if you are really unlucky… these platforms charge hidden fees for services such as office actions, post-registration fees, or additional hours worked, which you did not know about.
Work with Experienced Trademark Attorneys
Every business is a specialist in their own field, and just like you are an expert in your industry, trademark registration requires expertise in relevant trademark laws and practices. That is one of the reasons why we recommend working with an experienced trademark attorney.
With years of practical experience, our attorneys are experts in intellectual property laws and, therefore, know the do’s and don’ts when it comes to filing a trademark application, saving you time and avoiding costly filing mistakes (see the reasons your application can get rejected).
Our qualified trademark attorneys are trusted by established brands and industry leaders to protect their assets all over the world. Our qualified attorneys have successfully registered brand names in every industry, in 120+ countries, over thousands of times, and are ready to help you leverage the law in your favor.
When you work with us, you will have direct access to our trademark attorneys with over ten years of specialized experience, ensuring accuracy and efficiency. Also, you can ask all questions you have, anytime you like.
Working with us brings you several benefits
- Higher Success Rate
- Time Saving
- Cost-Effectiveness
- Peace of Mind
- Correct Class Selection
- Post-Registration Support
- Renewal Management
- Personalized Service
- Transparent fees
- Experienced IP Attorneys
