Introduction

Your brand is everything. Protecting it with a federal trademark registration is one of the most powerful moves an entrepreneur or business owner can make. But once you’ve decided to take the step, another big question arises: Which service is best for filing a trademark application?

You’ve probably seen ads for do-it-yourself online platforms that promise quick and cheap filings. On the other end of the spectrum, you have boutique law firms like Cohn Legal, PLLC that specialize in intellectual property protection. Each option comes with different advantages and risks. Let’s break it down so you can make the right decision for your business.

The Trademark Filing Landscape

When it comes to filing a trademark application in the United States, you generally have three options:

  1. DIY Filing with the USPTO (United States Patent and Trademark Office).

  2. Using an online trademark filing service.

  3. Hiring a trademark attorney.

Each choice has a different level of cost, convenience, and protection.

DIY Filing: The Cheapest but Riskiest Route

The USPTO makes it possible for anyone to file a trademark application directly through their online system. While this option may seem attractive because you only pay the government fees, it comes with serious drawbacks.

Trademark law is complex. Without legal training, it’s easy to:

  1. Select the wrong trademark class.

  2. Draft a vague description of goods or services.

  3. Miss legal nuances that affect your application’s validity.

  4. File a mark that is “dead on arrival” because of existing conflicts.

And here’s the key: the USPTO will not refund your filing fees if your application is rejected.

In short, filing on your own is like navigating a maze without a map. You might get lucky, but the risks to your brand can be enormous.

Online Filing Platforms: Convenience with Hidden Costs

Online filing services advertise low-cost, streamlined applications. They may promise quick filings and flat fees, which can sound perfect for busy entrepreneurs. However, these services are not law firms.

That means:

  1. They cannot give you legal advice about whether your mark is likely to be approved.

  2. They won’t represent you before the USPTO if issues arise.

  3. They often upsell “premium” services that still don’t provide real legal guidance.

Essentially, they act as clerks who fill out forms based on the information you provide. If your application is rejected because of a legal issue, you’ll still need an attorney to fix it often at a greater cost than if you’d started with one.

Trademark Attorneys: Protection with Precision

Hiring a trademark attorney is the gold standard when it comes to filing a trademark application. While this route may be more expensive upfront, it offers long-term security and peace of mind.

Here’s what attorneys provide that no DIY platform can match:

  1. Comprehensive Trademark Search: Before filing, a lawyer conducts a deep clearance search to identify potential conflicts with existing trademarks. This step is critical to avoiding wasted time and money.

  2. Accurate Drafting: Attorneys draft precise descriptions of your goods and services, ensuring your application is both broad enough to protect your brand and specific enough to satisfy the USPTO.

  3. Handling Office Actions: If the USPTO issues an “Office Action” (a refusal or request for clarification), your attorney responds with legal arguments tailored to your case.

  4. Strategic Guidance: An experienced lawyer will advise you on filing strategy such as whether to file in standard characters, as a logo, or both; whether to use Section 1(a) (in-use) or Section 1(b) (intent-to-use); and how to protect your mark internationally.

In other words, a trademark attorney doesn’t just file a form. They develop a strategy to secure and enforce your brand rights effectively.

Why Entrepreneurs Should Choose an Attorney

For startups and small businesses, resources are precious. It can be tempting to cut corners by choosing the cheapest filing option. But remember: your trademark is the foundation of your brand identity. Losing it or failing to secure it properly can cost far more in the long run.

Imagine investing thousands in packaging, advertising, and website development, only to discover you don’t own the rights to your brand name. That’s a nightmare scenario we help our clients avoid every day.

Working with a law firm like Cohn Legal, PLLC means you’re not just filing an application, you’re building a strong, enforceable foundation for your brand’s future.

Global Considerations

If you plan to expand internationally, the case for working with an attorney becomes even stronger. Trademark law varies by country, and strategies like filing under the Madrid Protocol can simplify global protection. Online platforms rarely provide this type of guidance, but trademark attorneys manage international filings daily.

Real-World Example

A client once came to us after using an online service to file their application. The USPTO issued an Office Action citing likelihood of confusion with an existing mark. The service couldn’t provide legal advice, so the client had to start over with us. Unfortunately, they lost both money and time. Had they filed with legal counsel from the beginning, they would have avoided the setback.

Cost vs. Value

Yes, hiring a trademark attorney costs more than DIY filing or online services. But think of it as an investment rather than an expense. The true value lies in:

  1. Higher approval rates.

  2. Fewer delays.

  3. Stronger, enforceable rights.

  4. A clear brand protection strategy.

In fact, studies show that applications filed by attorneys are far more likely to succeed than those filed without representation.

Conclusion: Which Service Is Best?

When it comes to something as important as protecting your brand, the best service for filing a trademark application is working with a trademark attorney.

DIY filing may save you money upfront, but it carries serious risks. Online platforms may offer convenience, but they can’t provide real legal protection. A trademark attorney ensures that your application is accurate, strategic, and positioned for long-term success.

Your brand is everything. Don’t leave it to chance. Think big, protect your dreams, and let trusted counsel guide you every step of the way.

Ready to safeguard your brand? Contact Cohn Legal, PLLC today for a free consultation.