While many people avoid hiring an attorney by filling out one-size-fits-all legal forms, if you plan to file your own trademark application, you may want to reconsider. Assistance from a trademark attorney is a wise investment.
Each and every field on the trademark application form has legal significance. That is, every entry defines legal rights, and an inappropriate entry may grant or deny an unintended legal benefit. Often, trademark owners commit several common errors while filing their own application, such as not selecting the proper filing basis or submitting an improper specimen. Another mistake is filling out the application by seeing how colleagues have completed theirs, or filling it out “the way I always do.” Cookie-cutter answers are not always appropriate for a new trademark application.
Further, trademark owners may declare that they have used a trademark in commerce when, in fact, they have not. In trademark law, commerce refers to use across state lines. Because the Trademark Examiners do not always verify whether this requirement is met, your registered trademark may, in fact, be invalid and unenforceable.
Have a trademark attorney help you file your application. A good attorney should sit down with you to discuss your trademark, and the best way to maximize your legal rights by properly filing your application.