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A recent University of North Carolina School of Law study demonstrated the significantly higher success rates for trademark applications handled by experienced trademark attorneys. The study has received attention in various publications and tries to quantify what most trademark attorneys know—experience matters. The study uses data from the U.S. Patent and Trademark Office (PTO) to assess the effect of experienced trademark practitioners versus others by comparing the numbers of published applications (i.e., when the PTO approves the application) and issued registrations. To take the study one step further, experienced practitioners know publication and registration are not the only barometers. These are measurable guideposts, but some published applications and registrations are not worth the paper on which they are printed or the value can be diminished by mistakes made in prosecution.

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