Should you file your trademark yourself to save money on attorney fees?

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Written by Tomas Orsula

Senior Trademark Attorney

In certain jurisdictions, you may be eligible to file your trademark yourself. This will include your domicile and a couple of countries which don't require applicants to have citizenship, just a business address for sending official correspondence. In others (such as when applying for a US trademark as a non-US citizen), you won't be able to apply for a trademark without representation.

But even in countries where the choice is up to you, it would still be advisable to consider using the help of a professional. On average, 37% of all self-filed applications fail, and they are 2.5 times more likely to get rejected than applications filed by a trademark attorney. The most common mistakes individual filers make include submitting a mark that's not distinctive enough, providing an incorrect list of goods and services items, or stopping to respond in case the IP office issues an office action. A legal professional versed in the process can help you prepare your application and navigate these situations. In addition, if a similar already registered trademark opposes your application, which could lead to it being refused, they can negotiate with the third party.

When we break it down, you actually have four options - submitting the application on your own, registering through a traditional all-around lawyer, registering through a trademark attorney and utilising a dedicated service, such as Trama. You can find a detailed price comparison in our Trademark Academy.

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