Should you hire a lawyer or file yourself?

You can file a trademark application yourself on the USPTO site, and no law requires you to hire a lawyer if you live in the US. The form takes an afternoon. The decisions behind it, and the deadlines that follow it, take more care.

What filing yourself involves

You pay the USPTO fee, which is $350 per class, and you carry the work yourself. That means searching the name, choosing the class, writing the description of your goods or services, and filing. After that you answer anything the examiner raises and watch the deadlines. Recent USPTO data for fiscal 2025 shows about 5.6 months to a first review and about 11.7 months to a final outcome, so you stay responsible for the file for most of a year.

Where people get stuck

• The description. Wording that is too broad is refused, and wording that is too narrow leaves gaps in what you protect. Wording outside the USPTO's pre-approved set can also cost more.
• The class. There are 45 classes, covering goods and services. A mark filed in the wrong class does not protect the thing you sell. See trademark classes explained.
• Objections. A descriptive refusal or a likelihood-of-confusion refusal needs a reasoned reply, not a restatement of the filing.
• The owner. Naming the wrong owner, such as an individual when the company should own the mark, can cause problems that are hard to fix later.
• Deadlines. A response is due within three months of an office action. A missed date can end the application.
• The search. Missing a similar mark is the most common reason a filing fails later.

Who can reasonably file alone

• You live in the US, or the applicant does. Applicants outside the US must use a US-licensed attorney.
• The name is a coined or unusual word, not a description of what you sell.
• You are filing in one class, and your goods or services fit the USPTO's standard wording.
• You are comfortable reading legal notices and keeping a calendar for a year or more.
• The brand is not yet central to revenue, so a failed filing costs little.

Who should think about hiring

• The name is a real asset, for example a launch name, a product line or a business you intend to sell.
• The name is close to a common word, or similar names already appear on the register.
• You need more than one class or a mixed set of goods and services.
• You do not want to track deadlines alone.
• You are outside the US.

What a lawyer does and does not change

A lawyer improves the preparation. The search is deeper, the description is tighter and an objection gets a reasoned reply. A lawyer does not control the examiner, so no one can promise approval. What you buy is a better-prepared file and someone who keeps track of the dates.

A middle route

Some people run their own search, then pay for a review before they file. Others file themselves and bring in an attorney only if an objection arrives. The second option can cost more in the end, because the original wording is already on the record. We cost the choices side by side in ways to file a trademark compared, and in what a trademark lawyer costs.

A sensible first step

Either way, begin with a search. Our free trademark search shows what is on record, and it helps you decide which route fits. If you want a person to look at the result with you, see register a trademark with a US attorney. More guides are in the guides section.

This is general information, not legal advice.