Exclusive: New TM Rankings results are a 'testament to UK's depth of talent'
Results are out for WIPR Insights’ first-ever rankings of UK firms and individuals at the top of their game for trademark matters | 140 firms and individuals feature, in which boutique IP specialists rub shoulders with traditional full-service firms | "Greater flux" in future rankings expected.
WIPR Insights has this week published the results of its first-ever UK Trademark Rankings of leading firms and practitioners including Bird & Bird, CMS, Stobbs IP and Wiggin.
More than 70 firms and almost 70 individuals are ranked in the results, including traditional full-service law firms, boutique IP specialists and attorney firms.
The research findings revealed a growing indistinction between trademark attorneys and lawyers. While historically the divide was more explicit, attorneys and lawyers alike reported the increasingly varied nature of firms acting opposite them in trademark matters.
Baron Armah-Kwantreng, rankings editor at WIPR Insights, explained the rationale behind launching new UK Trademark Rankings research, which began in the latter part of 2023 and took several months to complete.
“The UK is an important jurisdiction globally for intellectual property given its role in international law, and as the location of many of the world's iconic brands across a range of sectors,” he said.
“It is also a leading economy where many international companies will seek to secure the value of their branding. So adding robust WIPR trademark rankings is an important step in building a [WIPR Insights] portfolio of global IP rankings.”
He explained that the rankings process involves independent research, review of submissions, and conducting interviews with both practitioners and clients.
“The results are a testament to the depth of talent in the UK legal industry,” added Armah-Kwantreng. “Clients have a broad range of leading practitioners to choose from at global law firms, national firms and at the dedicated IP boutiques.
“As the editorial commentary shows, these firms are managing global portfolios for the leading brands, and managing complex disputes up to the Supreme Court.
“Firms like Stobbs are also shaking the established order so we can expect to see greater flux in these rankings in coming years.”
Rankings highlights
The results are divided into two main practice areas—contentious and non-contentious—and within these areas there are four main categories—Outstanding, Highly Recommended, Recommended, and Notable.
Ranked ‘Outstanding’ for non-contentious trademark matters are eight firms: Bird & Bird, Boult Wade Tennant, Bristows, CMS, D Young & Co, Stobbs IP, Taylor Wessing and Wiggin.
Twelve individuals were ranked in this category, including Sally Britton, Mishcon de Reya; James Fish, J A Kemp; Mark Holah and Allan Poulter, Bird & Bird; Alistair Gay, Keltie; and Kate O'Rourke, Mewburn & Ellis.
Also ranked Outstanding were Iain Stewart, Kilburn & Strode; Darren Meale, Simmons & Simmons; Julius Stobbs, Stobbs IP; Catherine Wolfe and Tony Pluckrose, Boult Wade Tennant; and Rachel Wilkinson-Duffy, Baker McKenzie, who is also the current president of the Chartered Institute of Trade Mark Attorneys (CITMA).
For contentious matters, Bird & Bird, Bristows, CMS and Wiggin again were ranked in the Outstanding category, along with Fieldfisher and Mishcon de Reya.
Outstanding individuals for contentious matters numbered seven—Sara Ashby, Wiggin; Mary Bagnall, Charles Russell Speechlys; Jeremy Blum, Bristows; Roland Mallinson, Taylor Wessing; David Rose, Mishcon de Reya; Tom Scourfield, CMS; and David Stone, Allen & Overy.
A perhaps unexpected entry to the field is of one of the UK’s ‘Big Four’ accounting firms, Deloitte, which featured in the rankings under the ‘Notable’ category. The firm’s IP arm is a technology-focused practice, growing in the trademarks arena following recent acquisitions of IP and brand entities.
Research findings
As well as the key finding of the variety of law firms and practitioners, a number of individuals listed in the rankings are dual-qualified as both an attorney and solicitor.
In addition, many attorneys specialise in contentious registry matters or have enhanced litigation rights before the UK courts, further blurring the lines between the two professions.
Brand owners in the UK are facing ongoing challenges as the effects of Brexit linger and unregulated representatives, often from China, dominate the UK Intellectual Property Office (UKIPO).
This was evidenced by findings by the UKIPO in 2023, showing that the top trademark filing representatives in the UK were dominated by unregulated Chinese entities, which took first and third place, with Stobbs IP as the only “legitimate” representative in the top three.
Law firms reported subsequent delays caused and additional costs to clients and, alongside CITMA, have urged the UKIPO to investigate the problem.
Keeping up with tech
With the rapid advancements in technology, law firms are keenly aware to stay ahead of the curve, and internally are developing tools to streamline processes. For example, Simmons & Simmons has created an AI trademark lawyer, Rocketeer.
Externally, firms are becoming more familiar with clients in AI, non-fungible tokens (NFTs), the metaverse and cryptocurrency. Increasingly, the market is seeing non-technology clients looking for protection and potentially planning to enter the digital asset spaces.
Arguably the most mentioned trademark case of the year was Sky v Skykick, the result of which could change the playing field for brands registering trademarks in broad goods and services.
The seven-year-long case was heard in the Supreme Court in June 2023 to determine whether the broadcaster’s monopoly on the word 'Sky' in multiple categories can be considered bad faith. Ranked firms represented the two parties, with Mishcon representing Sky, and Fieldfisher representing Skykick, a cloud software company.
Upcoming WIPR Insights rankings for 2024 are Global Trade Secrets, USA Trade Secrets and UK Trade Secrets.
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