Can I file for a Trademark myself?

Many people file for their own trademark only to be confused upon receiving an office action that rejects their mark as “merely descriptive”.  A descriptive mark is highly beneficial to convey to the public what goods or services you are selling, but it is not a good trademark from the standpoint of ease of obtaining a registration.  While there are actions that can be taken to overcome a “merely descriptive” rejection, most individuals do not have the experience to know what they are.  Thus, using a trademark attorney can overcome many of these problems from the beginning.

Examining attorneys at the U.S. Patent & Trademark Office (USPTO) may require disclaimer of parts of the mark.  This can often be confusing to the inexperienced, but can readily be handled by your trademark attorney.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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