# Can you file a trademark without a lawyer?

Source: https://joinopenfile.com/guides/trademark-without-a-lawyer
Index: https://joinopenfile.com/llms.txt

Yes, if you live in the U.S. One study of USPTO records found 46% of self-filed applications reached registration, against 60% of applications filed with a lawyer. That gap is a correlation, and many failed applications were dropped rather than refused.

Updated November 2, 2026

## What the numbers show

Gerhardt and Lee studied USPTO records for applications filed from 1981 to 2018, published in The Trademark Reporter in 2022. 63% of self-filed applications reached publication and 46% reached registration. With a lawyer, over 80% reached publication and 60% reached registration.

Most unsuccessful applications, 51%, were stopped by an office action. Self-filed applications were 26% of the period's filings but 44% of those that couldn't get past a final office action.

## How to read them

These figures don't mean 54% of self-filers were rejected. 40% of failed applications stopped at the statement of use, and some of those owners may have simply decided not to use the mark.

It's also a correlation: people who hire lawyers may differ from people who don't. The data ends with 2018 filings, and it mixes four decades. We found no published rate comparing office actions for self-filers and represented applicants.

## What the USPTO says

The USPTO strongly encourages hiring a U.S.-licensed attorney, though you don't have to if you live in the U.S. If you live elsewhere, you must use one. It also warns that bad advice from non-attorneys can get an application rejected or abandoned.

## Where applications go wrong

Most applications get at least one [office action](https://joinopenfile.com/guides/how-to-trademark-a-name), whoever files them. The study's numbers can't say why self-filers do worse, but a few steps are worth the time: search before you file, describe your goods the way the USPTO does, and use the right [class](https://joinopenfile.com/trademark/classes). Then watch for USPTO email, because a missed deadline ends the application.

## How long it takes

As of October 1, 2026, the USPTO reports an average of 4.3 months to a first action and 10.4 months to registration or abandonment. Start with a [free trademark search](https://joinopenfile.com/trademark-search).

## Questions

Do I need a lawyer to file a trademark?

Not if you live in the U.S. If you live outside the U.S., you must use a U.S.-licensed attorney.

How often are self-filed trademarks rejected?

There's no clean figure. One study found 46% of self-filed applications reached registration against 60% with a lawyer, but many of the others were dropped by the applicant, not refused.

What is an office action?

A letter from a USPTO examining attorney about a problem with an application. Most applications get at least one.

## File your trademark with an attorney

[File a trademark](https://joinopenfile.com/trademark/start)

$200 + USPTO fee. An attorney reviews and files it.

## Sources

- [Gerhardt and Lee, A Tale of Four Decades, 112 Trademark Reporter (2022)](https://www.inta.org/wp-content/uploads/public-files/resources/the-trademark-reporter/TMR-Vol-112-No-06_Gerhardt-Lee.pdf)
- [USPTO: Why hire a private trademark attorney](https://www.uspto.gov/trademarks/basics/why-hire-private-trademark-attorney)
- [USPTO: Trademark application timeline](https://www.uspto.gov/trademarks/application-timeline)

## Keep reading

- [How to trademark a name](https://joinopenfile.com/guides/how-to-trademark-a-name)
- [TM vs ®: what's the difference?](https://joinopenfile.com/guides/tm-vs-r-symbol)
- [How to check if a business name is available](https://joinopenfile.com/guides/check-business-name-availability)