Do you need to? No. Will you gain a breadth of knowledge and have a higher likelihood of success if you do? Yes.
Federal trademark registrations protect rights to intellectual property such as a recognizable name, design, sign, or expression. The United States Patent and Trademark Office (USPTO) is the government agency tasked with regulating and processing trademark registrations. While the process of filing a trademark application is fairly easy, the ins and outs of the approval process can open a complex can of worms.
Trademarks are a symbol of a business’s identity, and they are intended to protect unique, distinct names, words, expressions, and drawings. A trademark provides identification for the offered goods and services, makes it easier for customers to distinguish the business from a competitor, gives the brand the right to protection in court, and much more.
Only when registering through the USPTO does a trademark get exclusive federal rights. This is an important concept considering multiple businesses across the U.S. might have the same name or similar logos for similar goods or services. For example, when two businesses file a trademark application for the same or similar name and goods, who should prevail? If an applicant is not careful and fails to do its due diligence, the applicant could end up with a rejected trademark application, even if there are ways that the trademark could be approved. Put simply, the details matter.
An attorney’s assistance goes far beyond filing the application. Your attorney will also respond to the USPTO trademark examining attorney on your behalf to fight any refusals to register. While an internet search may produce results for private companies that offer trademark services, one should be wary of these services as they may give inaccurate information and legal advice about trademark rights and the registration process. To ensure that you have the best chance at registration, or to find out whether your mark can be registered according to the regulations, you should seek the advice of an attorney.
“Your trademark submission can be rejected if you take advice from someone who is not authorized to practice law before the USPTO.” -USPTO “Hiring a U.S.-Licensed Attorney”
