Do I Need a Trademark Lawyer? Yes!

With the proliferation of do-it-yourself legal services out there (provided by companies like LegalZoom), it can be especially tempting to use these for seemingly simple legal actions. Entrepreneurs, especially those managing early-stage startup companies, are looking for any way to cut down on costs. This leads many to file trademark applications on their own, without the help of an attorney. 

While the U.S. Patent and Trademark Office (USPTO) does not require you to use an attorney when filing for a trademark, there are reasons to have one help you navigate the process. This blog will explain some benefits of hiring a trademark attorney before you take any actions yourself. 

  1. Your attorney will be able to determine which marks would serve your interests. There is no doubt that you know your business much better than anyone else. However, applying for trademark protection is one situation in which you need to combine your expertise with the know-how of another professional; in this case, your trademark attorney. For example, your attorney will be able to tell you which category your proposed mark belongs in (there are 45) and which type you need to apply for. 
  2. An attorney can communicate with the examining attorneys assigned to your application. When you send a trademark application to the USPTO, a trademark examiner will examine your application and determine whether or not it is worthy of trademark protection. Depending on your application, the USPTO might refuse your application or ask additional questions. The best way to respond to these items is by having your attorney prepare your response. 
  3. You have a greater chance of success with an attorney than without one. To be clear, you are completely free to file a trademark application without counsel, just as you are free to represent yourself in a criminal trial or during your divorce. The stakes might not be as high in a trademark application case, but having an attorney help file your application means you are roughly twice as likely to receive trademark protection. It is almost always more cost-efficient to hire an attorney to file your trademark application correctly the first time than to have to submit multiple applications yourself. 


While retaining an attorney to file documents related to your trademark application is a smart action to take, it is only the first step in the journey to receiving registration for your business’s products or services. To get the most out of your relationship with your attorney, he or she needs to comprehensively understand your business. What are your marketing plans? How risk-averse are you? 

These are questions Attorney Hayoon Kane wants to know the answer to. Our firm wants to provide you with proactive solutions for your business so your merchandise is protected and you can exponentially increase profits with confidence. If you are ready to get started, schedule a complimentary 15-minute consultation with us today.

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Hayoon Kane Law Firm

I am committed to helping business owners such as yourself understand the intricacies of the law, so you can concentrate on growing your company.

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