We would take the view that brands is a much wider subject, not just concerned with the filing, registration, management and protection of marks, but also licensing, merchandising, franchising, advertising and marketing, wherever brands are involved. This might extend to copy clearance, trade libel, tax structuring issues, valuation issues, corporate support work and what have you. In our conversations with clients, it has become apparent to us that many clients are unclear about the services available to them in the market, or indeed that law firms are different from one another at all. One point of confusion surrounds one-stop shops. While those with experience of using law firms with trade mark registration and prosecution practices are highly conversant with the concept, too many clients, especially lay clients, do not understand the split between trade mark attorneys on the one hand and lawyers on the other.
More work needs to be done here.
The vast majority of clients simply have no idea what standard practice is on this, and certainly no idea of the pros and cons of either method. We have no judgement to make, except that law firms should let clients know what is going on and help them to understand how the approach works for them. To clients we say, try both and judge for yourself. It may be that you are uncomfortable with aspects of your current law firm and are not able either to put your finger on it, or maybe unaware that there are alternatives in the marketplace. There are, and this guide is the most in-depth piece of research available to help you decide how best to test your advisers or find new ones.