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Four Reasons NOT to File Your Own Trademark, Patent or Copyright Registration

Inventors, creators and entrepreneurs aren't just talkers. They're doers - and that get-it-done propensity often leads them to take charge in all facets of a project. A top example is online registrations of trademarks, patents and copyrights. After all, websites promoting DIY registration make the process seem amazing simple and straightforward. Unfortunately, it takes just one mistake or omission to get your application rejected.

Here are four great reasons to skip the DIY route and let a pro handle our trademark, patent or copyright registration application:

  • It's more complicated than it seems: Trademark, patent and copyright registration forms are full of legalese - terms and phrases that are easy for attorneys, but few others, to understand. Often, a person's interpretation of a word of phrase turns out to be quite different from its actual meaning. And believe us when we say that every word is important. Understanding exactly what you're reading and responding correctly can mean the difference in your application being approved quickly or being rejected.
  • Common mistakes can be costly: Application reviewers and trademark, patent and copyright attorneys regularly see clients' applications rejected for the same handful of mistakes. Among them are failing to conduct a proper and thorough trademark, patent or copyright search; choosing the wrong classifications of goods and services on trademark applications; erroneously claiming use in commerce of a trademark or copyright in federal registration despite the mark not having been used across state lines; and submitting drawings or specimens that fail to meet established standards. Each of these common mistakes can cost you hundreds or even thousands of dollars in wasted filing fees and time.
  • The financial risk is high: Even if your registration goes smoothly and you're able to secure trademark, copyright or patent rights, you won't be protected if someone else can prove certain factors such as use in commerce of an unregistered mark prior to your filing. In such a case, you may face a costly lawsuit.
  • It's never over: Securing a trademark, copyright or patent for your business, product or service isn't the end of the story. Periodic update and renewals may be required. For instance, trademark owners must file a Section 8 Declaration of Use/Excusable Nonuse form in the fifth and ninth years after the registration anniversary, and every 10 years thereafter. Fail to meet the deadlines and you could see your trademark deemed abandoned and cancelled.

Don't go it alone. Make sure your registration is handled properly by calling 833-37PATENT and talking with an experienced trademark, copyright or patent attorney with Orlando's Daniel Law Offices.


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