Hayes Soloway, P.C.

Trademark Registration

A question we regularly receive is, "Can I file a trademark application on my own or do I need to hire you?" It is a tricky question because it feels self-serving to tell prospective clients they need to hire us and it feels risky to suggest that someone won't have a problem if they file on their own (or, pro se, as it is termed in industry).

Stanford Technology Law Review published an analysisof the question, "Do Trademark Lawyers Matter?" in 2013. The article was authored by two University of North Carolina professors using data collected from the USPTO. The article is 40 pages and we would encourage anyone interested to

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review the article in full. However, the graph to the left contained the information we found most telling. If you want your trademark application to lead to a patent, being an attorney is useful and having experience filing trademark applications matters. If you are neither a trademark attorney, nor experienced filing trademark applications, registering your trademark may be a challenge.

You also might notice that some pro se applicants have experience filing 30 or more trademark applications. Who are these industrious folks? These are companies like Hasbro, The Home Depot, and Hersey's, all of whom have in-house counsel, but the task of filing the trademark application was apparently directed to non-counsel.

Hayes Soloway has a number of attorneys who have filed 30+ trademark applications. You can be successful filing on your own, but if you need to be successful filing a trademark application, please give us a call and we would be happy to give you the best chance to register your trademark.

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