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The trademark world is far from perfect. Like everyone, I’m far from unfamiliar with the notion of imperfection. Our lived experiences are full of inconsistent policies, the impact of legislation with unintended or unforeseen consequences, misunderstandings, miscommunication, mistakes and sometimes outright incompetence or malice.
A principal focus of legal-tech software companies has long been efficiency: helping lawyers and legal organizations to automate routine tasks, be more productive and eliminate ‘busywork’. Across different kinds of applications this has meant, for example, standardizing legal forms, digitizing records and making them more accessible and useful, and reducing costs of storing and retrieving various kinds of legal information.
The 4 Horsemen of the Brandpocalypse
It was late on Halloween evening
And the office had quietened down.
A lone trademark attorney
Sat at his desk and frowned.
"Although the trademark is an essential element in the system of undistorted competition its purpose is not, however, to protect its proprietor against practices inherent in competition" (1).
Everything is easy when you know how and this is particularly true of trademark management. Effective, efficient management of an individual trademark requires a small amount of attention to detail. As the volume of trademarks in your portfolio rises, however, the attention to detail (and paperwork!) needed rises exponentially.
Legal tech is transforming the way that the legal industry can provide services but there are positive trickle down effects for those outside the industry. Where the practice of law overlaps with commercial functions within companies, there is room to integrate efficiencies at every stage of those functions.
The trademark application process can be a long one - and certainly much longer than people applying for the first time (or the first time in a new region) might realise. There are some common factors that will impact your time frame to successful registration and an examination of these might help you to identify areas where you can speed up the process....although the average time will be largely dictated by the region in which you are applying. There are some common factors that will impact your time frame to successful registration and an examination of these might help you to identify areas where you can speed up the process!
For the marketing team charged with the creation of new brand names, finding a name that conjures up the right image, resonates with potential customers and conveys not just the core functionality of the product but also the benefits, is absolutely critical. Legal safety then adds a new dimension of complexity to an already complicated and challenging process. Finding or creating the perfect name and then having it rejected is heartbreaking.
Managing a large international trademark portfolio is no small endeavour. Aligning the necessary legal requirements with the product development and marketing teams for product launches. Clearance and registration across multiple regions, coordinating the efforts of foreign counsel as required. Orchestrating multiple renewals and filings across countries. Fighting against the rising tide of counterfeits and infringements. It’s no simple task.
