Can Anyone File A Trademark?

Photo by Scott Graham on Unsplash

A trademark is a name, symbol, design, logo, or tagline related to a specific business, product, or service. It helps businesses have a distinctive brand as well as different products and services from others. If you’re asking if you can file a trademark yourself, the answer is an absolute yes. Anyone can freely file a trademark online through the USPTO website.

 Even if it is not required, the USPTO strongly advises that trademark registrations be handled by an attorney. The process can get tricky and risky for those who do not have the adequate legal knowledge, which is why someone like a Boston trademark attorney can be extremely helpful when acquiring a trademark. Here are some reasons to further understand why it is better to work with a trademark attorney.

Why is a trademark attorney needed?

Legal processes can be a headache, especially if you are not knowledgeable and patient enough. Registering a trademark might seem like a straightforward task, but it can get quite complicated because it takes a long time and is undeniably expensive. One wrong move can cost you more money than it takes to hire someone who specializes in trademark registrations. Here are more details on why you should avail of the services of a trademark attorney:

  • Familiarity with the process – Trademark attorneys, of course, are adept with trademark processes. They are proficient in handling applications, Office actions, and enforcement. They know their way around USPTO’s procedures and can easily track the deadlines for you. They can navigate through the process without breaking much sweat because of their experience in handling trademark registrations.
  • Avoid mistakes – Given that they specialize in filing trademarks, they can prevent you from committing errors that can lead to your downfall. Common mistakes that can affect you big time are choosing the wrong filing basis, submitting an improper or inappropriate trademark sample, and registering something that does not pass as a trademark. You would not want errors in your application, so it is best to seek the help of a trademark attorney.
  • Assurance – Conducting trademark research on your own is not an easy task. Trademark attorneys, though, know where to start and can effectively locate similar trademarks that might endanger yours. They can advise you on what can make your trademark better and stronger, as well as assess the chances of it getting approved. 
  • Enforce your trademark – Trademarks exist to prevent the infringement of your brand–and attorneys can further explain how you can maximize this protection. They help enforce your trademark by monitoring applications that may be similar to yours by opposing it or taking legal action.

 Trademark attorneys do not only take the stress of the process off of your shoulders, but they can also increase the likelihood that your application may get approved. Anyone has the freedom to file trademarks, but it is highly recommended that you avail an attorney’s assistance. Hiring trademark attorneys will save you money and time in the long run.

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