Subscribe Now and Receive Your FREE Framework To Evaluate & Future-Proof Your Trademark 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.
The humble screening search is a key player in the creation of any trademark. From a law firm perspective, approaches to this are variable depending on client expertise, resources, industry and needs. In some cases, clients are encouraged to perform at least some part of this process themselves - at least to quickly check the Google search engine for any obvious results that will derail any future plans for the potential brand. In other cases, the ‘knockout’ can resemble more of a ‘deep screen’ where the relevant industry demands it. In yet other cases, trademark attorneys will perform a quick screening for conspicuous impediments as a low cost or complimentary service to clients.
For most of us, the presence of the internet and social media in our lives represents a mixed blessing. On the one hand, it has brought people together in a way that was never possible before. Your nearest and dearest are near even when they are thousands of miles away. You can talk to anyone, anywhere at any time. On the other hand, such access is not without its drawbacks. As time has gone by, we have all become aware of problems previously unthought of - privacy issues amongst them. How we use the power of the internet and social media is worthy of thought and careful consideration.
No matter the region in which your business operates, the benefits of registering a trademark for your brand are myriad. However, unregistered use of brand names is still common and in some cases there are sound business reasons for so doing. In cases where your product is intended to have a short life cycle, for example, the costs and administrative efforts of applying to register a mark for a product which may no longer be in use by the time the registration process is complete, is not a viable prospect. In this example, clearance to ensure that you will not run into difficulties during the short life of your product is still to be strongly recommended.
Of all the perennially hot topics in the trademark world, somewhat understandably, trademark infringement tops the list. That, after all, is the working end of the business and consumes the most time and energy of any trademark professional. Much of the time is dedicated to avoiding infringement or finding infringement. And having found it, rather more crucially, proving it.
There has been a lot of excitement around our new FREE preliminary trademark search tool which had its official launch on Monday, 24th September. But what does it do and how does it work? For those who have not yet signed up for their free account, we are taking a look inside the magic!
In the creation of a new brand, a robust clearance process is critical to ensure that your use of the brand will not be expensively challenged, whether you intend to register a trademark for that particular brand or not. However, clearance is not a one-stop-shop. There are several steps, elements and processes to consider depending on your business needs, goals and strategy.
As a general rule, the practice of law is centred on risk and in no field is this possibly more true than in trademark law. In many other fields, the risks of any particular action tend to be at least somewhat predictable. Data can be gathered, analysed, assessed and a prediction as to the likely outcome can be made with some level of confidence….at a minimum enough confidence to definitively advise against taking a particular course of action! While Judges and Courts will always vary, many of the matters at hand are limited to a geographical area or country.
When you think about trademarks & branding
And corporate logos galore,
You think of the colours and taglines
Arrayed on the shelves of the store.
