Likelihood of confusion is a leading reason why Trademark Applications are rejected by the USPTO. Not having the assistance of an experienced Trademark Attorney results in a “likelihood of failure.” To find out why, read on for an excellent discussion of the trademark application process and pitfalls awaiting unwary clients.
I often get questions along the lines of, “Can I do this myself?” Most recently the questions center around, “Can I attempt a trademark registration of my name/logo/brand?” Admittedly, I do play for Team Lawyer; however, even if I did not play for the team, I would still answer with a strong “No Way!” Just because you can does not mean that you should. Here are my Top 5 reasons why you should leave trademark registration to attorneys.
- The Trademark Office is NOT your friend.
I remember my favorite intellectual property law professor saying this all the time. He was right. So. Very. Right. However, I would not fully appreciate the truthfulness of his statement until I was out practicing law myself and having to explain why a certain aspect of a mark should receive protection.
While the people who work for the USPTO are delightful people, their job and…
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William Tennant 