Google “How to file a trademark,” and inevitably, you’ll be fed dozens of ads from “trademark filing services” that tell you that you can file your trademark in just a few minutes — for a few hundred dollars.
These ads make it sound like filing a trademark is as simple as a few clicks, and you can easily DIY your trademark application. What these Google results don’t tell you, though, is that these filing sites often only file what you’ve given them — and they don’t do anything else.
While we’re not here to sell you on the value of a trademark attorney (our clients understand the value of our services and the importance of protecting their intellectual property), we do want to clear up some common misconceptions about DIY or “easy filing” trademark applications. Instead, we want to encourage you to work with an experienced trademark attorney, to ensure a smoother process and to increase your chances of trademark acceptance.
Long-Lasting Legal Protection
In a recent blog, we broke down one of the largest trademark cases we’ve ever fought on behalf of a client. Upon submitting her application, this client’s trademark request was immediately challenged by a national magazine. Had our client not been working with us to trademark and protect her intellectual property, they would have had to hire outside legal help or totally change her business name.
Why is this an issue? Shouldn’t any legal team be equipped to fight and win a trademark case for their clients? While this is true in theory, there is much to be said for an intimate understanding of a client’s brand. The case was resolved relatively quickly because our team didn’t have to undergo the research and understanding process. We knew our client’s business and product substantially better than any lawyer who was new to them ever could.
Of course, that’s not to say another lawyer wouldn’t be capable of handling the case. Instead, as with any job or subject, there is simply a large advantage to having time and knowledge on your side.Access to Niche Databases
One of the most invaluable elements of working with a trademark attorney? The research. Rather than simply looking through the U.S. Patent and Trademark Office database, trademark attorneys invest in proprietary resources and other databases that let them dive deeper into competitors and other trademarks in your niche.
Why does this matter? Every year, millions of trademark applications are filed. And about 18% of these applications are rejected. The majority of the time, they’re rejected because there’s already a trademark for what the applicant wants to legally protect.
The best way to avoid this is to ensure you’re filing an application for a trademark that doesn’t already exist. And while this can be done on your own, it’s time-intensive and difficult when you don’t know the right channels to search.
A trademark attorney will have the tools to do deeper research upfront to ensure the highest odds of success. We’ve had a 99.3% trademark acceptance rate thanks to our tools and process.
We won’t lie — in some cases, a trademark search will uncover a trademark in your niche that affects your brand’s trademarking abilities. A good trademark lawyer, however, will help you leverage your business vision and goals to craft a new brand vision and find a new angle from which to trademark your brand and intellectual property. Expedited Application Process
One of the most important benefits of working with a legal team and expert trademark lawyer is the expedited application process. There is no speeding up the U.S. Government, and we all know how slowly they often move!
However, the process of filling out your application and dealing with any communications from the trademark office can be extremely lengthy in and of itself. And until they have all the information, the trademark office will not actually process your application.
The best way to make sure they have as much information as possible, right out of the gate, is to work with a team that has processed hundreds of applications before and knows exactly what’s required to make yours process with less back-and-forth.
A Clearer Trademark Process
If you’re reading this right now, it’s likely because you’ve searched for details on the trademark process. It seems clear enough until it isn’t. There are so many forms and so many listings in the databases to scroll through. What if you miss something?
This, in our opinion, is one of the biggest reasons why entrepreneurs and serious brands work with a trademark attorney. An experienced, expert team can move in, help you organize everything, and get your trademark request filed in much less time. Best of all, any questions you have can be directed to the legal team you’ve hired, instead of scrolling through Google late night.
Over the last near-decade with entrepreneurs who want to protect their brands, we’ve developed a clean, effective process. Our trademark application process is composed of five streamlined milestones that make everything seamless for you and much more likely to result in an acceptance letter than DIYing it. The Watson & Young Trademark Process
Each of your trademarks will go through our proprietary process, including:
Research
We deep-dive into federal and state databases, social media, and the web to uncover any potential issues with your trademark.
Report
Our team will draft a detailed document, called a Recommendation Report, laying out the research and our findings.
Filing
We’ll collect everything needed for your application and send it off, so you don’t have to worry about it.
Communication
While it may take up to eight months for a USPTO attorney to review your application, we’ll consistently communicate with you during the process and answer any questions you may have. Additionally, we’ll handle all emails, phone calls, and communications so you don’t have to worry about any of it.
Seal of Approval
We’ll arrange the final Mailing of your Trademark Registration Certificate to your business address and include your very own manual on the care and keeping of your active trademark registration.
Interested in Working With an Expert Trademark Attorney?
The trademark process can be confusing and is undoubtedly a lengthy experience. If you’d like to get answers, file (and protect) your trademark faster, and eliminate worries or resources involved in trying to manage it all yourself, we can help.
We have a 99.3% trademark acceptance rate and we can’t wait to help you with your own. Please go here to fill out our inquiry form and book an introductory consultation.
