When it comes to protecting your brand, registering a trademark is a crucial step. However, many business owners face the decision of whether to file a trademark application themselves (DIY) or hire a trademark attorney. While both options are available, they come with distinct advantages and risks. In this article, we break down the pros and cons of each approach to help you make an informed decision.
Many business owners attempt to register their trademarks without professional help, often using the United States Patent and Trademark Office (USPTO) website or online filing services. Here’s what you need to consider:
Pros of DIY Trademark Registration
- Lower Cost – Filing on your own means you avoid attorney fees, making it a more budget-friendly option.
- Quick Submission – You can file your application immediately without waiting for legal consultations.
Cons of DIY Trademark Registration
- Higher Risk of Rejection – Nearly 48.3% of trademark applications are rejected due to errors in filing, conflicts with existing marks, or improper classifications.
- Complex Legal Process – The USPTO has strict rules, and mistakes can lead to delays, refusals, or loss of filing fees.
- Inadequate Trademark Search – A simple search on the USPTO database may not reveal all potential conflicts, increasing the risk of opposition.
- Difficulty Responding to Office Actions – If the USPTO issues an Office Action (a formal refusal), crafting a proper legal response without expertise is challenging.
Hiring a Trademark Attorney: Pros and Cons
A trademark attorney specializes in trademark law and can guide you through the registration process with expertise.
Pros of Hiring a Trademark Attorney
- Higher Approval Rate – Attorneys conduct thorough searches and file applications strategically to maximize approval chances.
- Comprehensive Trademark Search – A professional search goes beyond the USPTO database, identifying potential risks before filing.
- Proper Classification of Goods & Services – Choosing the wrong category can lead to rejection or limited protection.
- Expert Handling of Office Actions – If the USPTO refuses your application, an attorney can craft legal arguments to overcome refusals.
- Stronger Legal Protection – A properly registered trademark ensures stronger brand enforcement and avoids costly legal disputes later.
Cons of Hiring a Trademark Attorney
- Higher Upfront Cost – Attorney fees range from $800 to $2,000+, depending on complexity.
- Longer Initial Process – Consultations and research take time, meaning the filing may not be immediate.
Which Option Is Right for YOU?
- If you own a small business with a limited budget and are comfortable handling legal paperwork, a DIY trademark may be an option — but be prepared for potential challenges.
- If you want the best chance of approval and long-term protection, hiring an attorney is the smarter investment.
Final Verdict: Avoid Costly Mistakes
While DIY registration seems cheaper upfront, mistakes can cost you time, money, and brand security. Hiring an experienced trademark attorney ensures your application is strong from the start, reducing risks and increasing success.
If you’re serious about protecting your brand, consulting a trademark attorney is the best decision for long-term success. Don’t leave your brand’s future to chance—get expert guidance today!