Study Confirms Trademark Lawyers Matter

A recent study confirms that having a trademark lawyer by your side during the application process makes a difference. Researchers from the University of North Carolina Law School found that trademark applications filed with assistance of an attorney have a 22 percent higher success rate.

The researchers compared applications filed by trademark lawyers to those filed without the assistance of counsel from 1984 to 2010. They found that applicants with counsel were approved 82 percent of the time; meanwhile, pro se applicants received approval 60 percent of the time.

The study also revealed that the experience of the applicant also makes a difference. Experience was measured by the number of applications filed, with the least experienced category including those with 10 or fewer applications and the most experienced group including those with 30 or more applications.

Pro se applicants with the least experience had the lowest level of success, only achieving publication 57 percent of the time. Overall, 88 percent of applicants represented by counsel had lawyers from the highest experience category.

As Reuters reports, the researchers acknowledge that their findings may be slightly skewed. Of the pro se applications examined, American Greetings Corp, Xerox Corp, Hershey Chocolate & Confectionary Corp and McDonald’s Corp. were among the most successful. However, these companies likely relied on in-house counsel.


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