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(USGovernment-News.Com, April 16, 2013 ) San Francisco, CA -- Applicants looking to gain trademark who hire experienced counsel regarding the matter have a greater chance of having their marks approved by the Patent and Trademark Office according to a new study.
The opportunity of trademark approval also comes to significance when a filer is more experienced regarding the system of the USPT itself, according to the paper, “Do Trademark Lawyers Matter?”
The draft paper is expected to be published sometime this summer in the Stanford Technology Law Review.
University of North Carolina School of Law Assistant Professor Deborah Gerhardt and Professor Jon McClanahan is conducting the review and will measure the impact of attorneys on the trademark process by comparing applications filed by lawyers who attempted filings without counsel.
Over 80% of applicants who hired counsel had their trademarks published within the federal register, compared to the 60% who went without, as well as pro se applicants.
When looking at whether the experience level or attorney made a difference, the study noted that it seems that it clearly does. The study also measured the experience by number of filings applicants made. The category for the least experience filers included 10 or fewer applicant. The most experienced groups filed 30 or more applications.
The varying applicants fell into two primary categories. There were almost 900,000 pro se applicants in the category of least total experience, making up 85% of applicants as a whole, said the study. Over 3.2 million applicants attained attorneys who fell within the group with highest levels of experience. That made up 88% of all applicants who had attorneys.
Attorneys who had less than 10 filings worth of experience had just under 70% success rate in applying. Those who had over 30 or more filings jumped up to 81% application approval overall.
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