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New Brand Names: Can Marketing and Legal really work together?

Can you picture it? - the Marketing and Legal departments embarking on a new naming project in a perfectly symbiotic pas de deux. Marketing send forth their researched and frankly brilliant new product name, Legal (or Outside Counsel) clear it for use and register it as a trademark in plenty of time for Marketing to design their packaging and message around it.

Sadly, it almost never seems to work that way!

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What Does Faster Trademark Clearance Mean For Your Business?

Friends, Romans and…erm….trademark attorneys, lend me your ears.

There are few things in life that interest me as much as observing the practice of law. I love the ‘certain uncertainty’ of it. The precise nature of enquiry combined with measured (or sometimes not so measured!) subjectivity. It is predictably unpredictable and expressed in stilted archaic language often sadly incomprehensible to those on the receiving end of its tender judgement.

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Reaching Registries With One Click

Trademark exclusivity which is enabled by registration, is territorial. Thus companies need to apply to each country one by one within the scope of their market strategies in order to protect their trademarks.

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How AI is Transforming the Lives of In-House Trademark Professionals

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.

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Are your clients at risk from foreign trademarks?

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.

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Unregistered Brand Names in the Commercial World

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.

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