After reviewing over 5 million trademark applications, a recent study in the Stanford Technology Law Review found the following:
•Trademark applicants represented by attorneys are 50% more likely to get through the registration process than those who go it alone.
•On average 43% of applications filed by individuals ultimately registered while those that used an experienced trademark attorney had a success rate of 60%.
•Applicants issued a rejection by the Trademark Office saw their chances of success increase to 68% when they employed the services of experienced trademark attorneys.
The trademark process is far more complex than it may initially appear. Non-lawyer filing services like LegalZoom make it seem like filing a trademark application is as simple as filing for a business license. But while filing for a business license entails you giving the government money and the government giving you your license, a trademark application is subject to a comprehensive legal review before a registration may be issued.
Trademark examiners may reject applications for registration because of simple administrative errors, but they will also reject applications if they look similar, sound similar, or bring to mind the same ideas that another registered trademark covering similar goods and services does.
Because of this, the legal review of a trademark application is a very subjective process, and your application is subject to your trademark examiner's opinion about what the "average consumer" will think about your mark.
Working with an experienced trademark attorney who can help you present your application in the possible best light greatly increases your chances of registration.
Legally.co connects you with experienced trademark attorneys who have worked on thousands of trademark applications, ensuring you have the best possible chance to secure your brand.