Why A Legal Review Of The Application Is Necessary

Posted by on Mar 25, 2016 in Law | 0 comments

Trademark applicants who file their own trademark applications are at risk of losing out completely. We all know it can be expensive filing a trademark in this economy, and a lot of applicants are small companies or individuals that are trying to save on legal fees while trying to get priceless trademark protection. Nonetheless, there is noteworthy long term harm that can be created by filing your own application, or relying on a mediocre service provider. If you find yourself in such a situation call ip lawyer.



Below are some of the reasons why a legal review of the application is necessary

• Rejection of Application

Clients who file their own trademark applications or used non-attorney services are at risk of rejections from the Trademark Office. Inescapably, these applicants end up spending more money to get a qualified attorney to fix the problem or to re-submit the application. This cost is far more that what would have been spent initially if a skilled trademark attorney had filed the application in the first place.

• Attain the Required Protection

Trademark applicants may think that filing and prosecuting an application is an easy process. However, most people fail to consider the fact that an issued trademark provides the owner with protection for their intellectual property. So if the right protect is not provided, then the application would have been in vain. So it is important that a lawyer assesses the application, to ensure that all i’s are ticked and all t’s are crossed.

• Association to Quality

Trademarks identify the quality of a particular good or service. The trademark owner associates their product with a level of quality and works hard to maintain it. Hence, it is important for the application to be reviewed by a lawyer so that the application is filed properly. The best bet is to choose an attorney conversant with trademark filing to handle the protection of your trademark assets. This will cost you extra money, but the legal pale when compared to the price of not having a properly protected trademark.

• Improper Filing Basis or Specimen

A specimen is a sample or mockup of how you use your trademark with the products identified in your application. The specimen is usually what consumers see when they purchase your products or services. If at the application stage a legal review is not carried out to properly present and identify the specimen, then the filing basis would be incorrect.


Imagine the effect of filing an incorrect trademark for a product or specimen, and consider the repercussion if the basis of this filing is wrong from the start. This effectively voids the mark when the product is made available to the market. Someone else could even file for the specimen that you initially thought you had filed for, and you could completely lose your trademark.

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