Good communication, teamwork and trust between lawyer and client are vital ingredients for efficient trademark clearance searches, says Leigh Martin.
As businesses continue to innovate and to look for unique new brands and marketing hooks, as globalisation persists and localisation experiences a resurgence, and as the number of registered trademarks across the major economies continues to increase, the clearance of trademarks becomes ever more complex and ever more important.
Trademark clearance is, perhaps, one of the most challenging—and, believe it or not, the most fun—assignments for a trademark lawyer to advise on. If done well, it is an area where the four Cs: competence, commerciality, creativity, and communication, really do come into play in equal measure, together at times with the one B: bravery.
The skilled practitioner must not only understand and be able to empathise with what the client is seeking to achieve, but must know the law and have experience of it in practice; for this reason trademark litigators are perfect for the work.