Trademark filing by owner vs Trademark lawyer

As the digital world allows even small businesses to market their products and services across to every continent, establishing trademark protection is more important than ever. That means getting the trademark filing right first time is crucial, especially with the cost of each filing, but for small companies, the question is often whether the cost of a trademark lawyer is worthwhile, or can they save money by filing themselves.

Filing a trademark is a legal process, something that is often forgotten, and while it is possible to file as an owner, it is not always the cheap option that many think. In the US, every time a trademark is applied for, there is a filing fee of $275 at a minimum. If the application is denied for any reason, even if it is something as simple as an incorrectly filled form, the process must be started again, and the filing fee is charged all over again too.

Those filing fees can soon mount up, especially if this is a first-time application where mistakes are likely to be made without guidance, but that is not the only cost. For any small business, owners will multi-task, getting involved in many aspects of the business, that makes their time valuable. Completing the application for a trademark can be extremely time consuming for those not familiar with the process. Take into account follow-up questions from the trademark examining attorney, and owners can end up spending more time dealing with trademarks than running their business. That is costly.

A trademark attorney will see any problems with the application before submission, for instance in cases where the trademark just is not strong enough, and then advise on changes to improve chances of acceptance. Professional legal advice is also useful beyond the application process itself, offering actionable advice on protecting a trademark once acquired, which can save significant sums in legal defense at a later date.

On the surface, for businesses on a budget, it can seem economic sense to file without legal advice, however long term, those savings can be short lived, and unless someone at the business is well-versed in trademark law, can actually be a less expensive option than an owner filed solution by the time the trademark has been approved.

In addition, with the professional trademark lawyer dealing with the case, it is much less stressful for any business owner, allowing them to focus on their own business rather than an unfamiliar trademark process.

There are some situations where owner-filing is practical, if the business has the trademark knowledge and skills in-house for instance, but in the majority of cases, using a trademark lawyer will deliver the cost-efficient, simple process business owners need.

Summary

Filing their own trademark application can seem like the cost-effective solution for many businesses. However, with the cost of reapplication, time and stress that comes with filing for those unfamiliar with the process, using a professional trademark lawyer can often be the best option and even save money in the long term.