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Can You File a Trademark on Your Own?

Question: Can you file a trademark on your own? Answer: Yes, you can file a trademark application on your own. However, there’s a number of good reasons you should hire a trademark attorney to assist you with the registration. Mainly, there is a huge difference in the success of applications that are filed with attorneys versus those filed without an attorney. The University of North Carolina did a study a number of years ago that found that individuals filing a trademark application without an attorney received an approval about 50% of the time. On the other hand, those who hired an attorney to file the application, regardless of their skill level, received approvals 80% of the time. Why is there such a huge percentage difference? There are two main reasons for this approval gap. 1. Most attorneys will help clients conduct a trademark search before they file their application to identify any potential problems with the mark. If any issues do arise in the search, they might decide to choose another name or phrase to trademark. 2. The application itself is a highly technical legal document. Though it might look easy to fill out independently, there are a lot of nuances to the answers you need to provide. These responses are not always apparent to someone who does not deal with this type of work for a living. If you do decide to move forward with filing a trademark application on your own, you might not answer the questions correctly, which can lead to refusals of the application that will require you to start the process all over again anyway. If you have any questions about the trademark registration process or conducting a trademark search, please feel free to reach out to one of our attorneys. Follow us on social media. LinkedIn: https://bit.ly/30M3wF9 Facebook: https://bit.ly/3hz5PBz Twitter: https://bit.ly/2CdAIvc Founded in 2008, Gerben Law Firm PLLC is a boutique Washington, DC based trademark, copyright and patent law firm. We currently serves clients in all 50 states and from over 30 countries around the world. Founder Josh Gerben opened the firm with the goal of providing big-firm quality legal services to businesses and individuals at affordable prices. In furtherance of this goal, the firm has obtained more than 5,500 trademark registrations for its clients since opening, and has been involved in over 500 trademark enforcement and defense matters. Visit https://www.gerbenlaw.com to learn more. #AskATrademarkAttorney