Getting around the trademark registration process can be hard, especially for new business owners trying to protect their brand. While it’s possible to file a trademark application on your own, enlisting the help of a trademark attorney can significantly increase your chances of success and ensure that the process is as smooth as possible. Here are the top five reasons to consider hiring a trademark attorney rather than going it alone.
1. Thorough Trademark Searches
One of the most critical steps in the trademark registration process is conducting a comprehensive trademark search. Trademark attorneys have the expertise and tools necessary to perform these searches effectively. They can identify potential conflicts with existing trademarks, which helps you avoid common pitfalls and reduces the likelihood of your application being refused by the United States Patent & Trademark Office (USPTO). This proactive approach gives you greater confidence that your mark is distinctive and available for registration.
2. Expertise with the NICE Classification System
The NICE Classification system is used to categorize goods and services into specific classes for trademark applications. Trademark attorneys are well-versed in this system and can ensure that your application includes the correct classes and accurate descriptions. Proper classification is crucial for the scope of protection your trademark will receive and helps avoid unnecessary delays or refusals.
3. Strategic Advice on Trademark Types
Choosing the right type of trademark is a strategic decision that can impact your brand’s protection and marketing. A trademark attorney can help you decide whether to file for a “word only” mark, a logo, or a combination of both. They’ll consider various factors, including how each type of mark aligns with your brand’s goals and how it will be used in commerce. This guidance ensures that your trademark application aligns with your long-term business strategy.
4. Handling Office Actions
If the USPTO issues a refusal or objection—known as an office action—responding appropriately is crucial to moving your application forward. Trademark attorneys are experienced in addressing these issues and can craft persuasive responses to overcome any objections. Their expertise ensures that you address all concerns raised by the USPTO effectively, increasing the likelihood of your application’s approval.
5. Higher Success Rate and Ongoing Guidance
Engaging a trademark attorney improves your chances of successfully registering your trademark. Beyond the initial registration, a trademark attorney can provide ongoing guidance on how to use and protect your trademark effectively. They can offer advice on maintaining your trademark’s value and help you navigate any legal challenges that may arise.
Get Expert Help for Your Trademark Needs
If you’re starting a new business and need assistance with trademark registration in the United States, our team at Berkeley Law & Technology Group, LLP is here to help. We aim to make the process as seamless and cost-effective as possible, allowing you to focus on growing your business.
For personalized assistance, contact us at info@bltg-ip.com or 503-439-6500. We have offices in Oregon and Texas but represent trademark clients globally.
By partnering with a trademark attorney, you’re investing in your brand’s future. Let us help you secure and protect your trademark so you can concentrate on what you do best running your business.