What are the risks of filing a TM by myself?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

When you file a trademark application by yourself, without the guidance or assistance of a professional trademark attorney or agent, there are several risks involved.

One significant risk is the potential for making errors or omissions in your application. Trademark applications require careful attention to detail, including accurately describing your goods or services, selecting the appropriate trademark class, providing proper specimen samples, and ensuring the application meets the specific requirements of the trademark office.

Failure to accurately complete these essential components can lead to your application being rejected or facing delays. Trademark offices have strict rules and guidelines, and even minor mistakes or omissions can result in the refusal of your application. Receiving a rejection can be frustrating and may require additional time, effort, and expenses to rectify the errors and reapply.

Another risk is the possibility of infringing on existing trademarks. Conducting a thorough trademark search is crucial to identify any similar or conflicting marks that could potentially pose a legal challenge. Without professional guidance, you may miss relevant trademarks or misinterpret the search results, inadvertently risking potential legal disputes or infringement claims from other trademark owners.

Trademark law can be complex, and understanding the nuances and intricacies of the legal requirements may be challenging for someone without legal expertise. Lack of familiarity with trademark regulations, international conventions, and local laws can lead to oversights and mistakes in the application process.

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