Should I Hire a Trademark Attorney or File on My Own?

When starting the trademark registration process, many entrepreneurs and brand managers ask the same question: Do I really need to hire a trademark attorney, or can I file on my own? While it’s tempting to take the DIY route to save money, the reality is that trademark law is more complex than most assume -- and a misstep can end up costing you far more than you’d spend on legal help.

Below, we break down when it makes sense to file on your own, when it doesn’t, and what you should know before deciding.

‍

Do You Need an Attorney to File a Trademark?

Not always.

If you’re domiciled in the United States, you’re not required to hire an attorney to file a trademark application with the U.S. Patent and Trademark Office (USPTO). You can submit the application yourself or use an online service. However, foreign-domiciled applicants are required to work with a U.S.-licensed attorney under USPTO rules.

Even if you're not required to hire one, the USPTO explicitly recommends that U.S.-based applicants consider doing so. Why? Because filing a trademark involves more than just filling out a form: it’s a legal process with long-term consequences.

‍

What Does a Trademark Attorney Do?

A trademark attorney doesn’t just file your paperwork -- they help you avoid costly mistakes at every stage of the process. Services typically include:

• Conducting a comprehensive trademark clearance search
• Advising on likelihood of confusion and registrability
• Drafting accurate and USPTO-compliant applications
• Navigating complex legal arguments during office actions
• Monitoring for infringement post-registration
• Advising on portfolio expansion and global filings
  

In short, an attorney helps you protect your brand strategically, not just procedurally. Hiring a trademark attorney makes the most sense if you're filing your first trademark and want to avoid mistakes, if your brand is central to your business (such as in DTC, retail, or on platforms like Amazon), or if you've identified similar trademarks during your clearance search and need legal guidance. It's also a smart move if you plan to enforce your rights or build a larger IP portfolio over time, or if you simply want peace of mind that your application is handled correctly from the start. 

Beyond filing, working with an attorney builds a valuable long-term relationship: trademark protection doesn’t end at registration; it requires ongoing renewal, monitoring, and potential legal action to defend your rights.

‍

Why DIY Trademark Filings Can Backfire

At first glance, filing a trademark on your own might seem simple. The USPTO provides templates, examples, and step-by-step forms. The complexity lies in the legal analysis, not the paperwork.

Here’s where most DIY filers run into trouble:

• No real clearance search: Google isn’t enough. Most free searches don’t catch “confusingly similar” marks.
• Wrong class selection: Choosing the wrong class of goods/services can limit your protection, increase unnecessary costs, or get your mark rejected.
• Weak descriptions: USPTO requires specific language. Vague or inaccurate descriptions can trigger an office action.
• Office actions: These legal notices often require nuanced legal arguments that go beyond basic corrections.
  

While the USPTO does offer opportunities to amend and respond, every error delays your application, increases your cost, and risks losing your priority date.

‍

Are Filing Services Worth It?

Filing services can be useful if you need a guided DIY experience and you're willing to accept some risk. Many offer attorney add-ons, but these services are often limited, and users report that legal support varies in quality and consistency.

If you’ve used these platforms before (such as for provisional patents), you might find them “good enough” for basic filings. But for trademark protection, which governs your brand’s identity and legal leverage, many find that a dedicated trademark attorney provides more value in the long run.

A breakdown of the potential costs can be found below. All methods still require USPTO filing fees of $350 per class.

‍

The MARQ Folio Difference‍

Unlike traditional filing services that stop at document submission, MARQ Folio combines smart automation with real legal expertise, bridging the gap between DIY platforms and full-service trademark attorneys. Instead of relying on automated workflows alone, MARQ Folio connects applicants with experienced partner law firms who handle filing, manage communications, and provide unlimited support for rejections -- with no additional fees. The platform also offers real-time status tracking, centralized document management, and a money-back guarantee: a rare offering in trademark law.

Furthermore, because MARQ Folio is integrated into MarqVision’s broader IP protection ecosystem, it goes beyond filing to serve as a launchpad for long-term brand enforcement. Once your trademark is registered, you can use MarqVision’s AI-powered tools to detect and remove counterfeit listings across more than 1,500 online platforms, including marketplaces and social media.

If you want the affordability and control of an online platform coupled with the legal strength of an attorney, MARQ Folio is the smartest choice, especially for brands looking to scale globally and enforce trademarks proactively.

‍

Bottom Line: Should You Hire a Trademark Attorney?

If you’re serious about protecting your brand, hiring a trademark attorney is usually the smarter investment. The upfront cost is higher….but the legal guidance, strategic clarity, and risk reduction they offer often save you money in the long run: especially if your brand is central to your business or revenue-generating products.

If you do choose to file on your own, take time to thoroughly understand the process, conduct a full clearance search, and prepare to respond to any legal issues that arise.

Want help securing your trademark the right way? Talk to MarqVision -- where AI and legal expertise combine to protect your brand from copycats, counterfeiters, and costly missteps.