Intellectual Property: Trademarks vs Marketing

Intellectual Property: Trademarks vs Marketing
Trademarks and Marketing for IP Law

Trademark lawyers and marketers have 2 very different tasks and methods when it comes to trademarks. However, productive collaboration between the two can result in an efficient marketing effort.

Lawyers are trained to find legal and procedural errors; these errors can include clients’ acts or external parties’ usage of a registered trademark. A lawyer’s ability to detect and spot these kinds of errors can demonstrate their legal education and expertise. Clients are always happy with a lawyer who is vigilant. Finding errors is very important but having a lawyer who is always ready to present solutions and options to overcome any legal problem is the ultimate objective.

When it comes to marketers, the concerns are different; marketing professionals work to convince consumers of a product’s superior quality. Marketers lead companies’ competitive efforts to promote products no matter how good, or bad, their quality is.

A company’s business and technical departments agree that a certain product has to find success before they bring a marketer into the equation. This is how pressure is put on the marketer to be creative and meet the company’s expectations. The lawyer’s responsibility comes at an advanced stage; it comes after the marketer debates several marks before choosing the one mark to register and go forward with. While marketers will defend their chosen mark fiercely, a lawyer will always have to conduct research around any risks and concerns surrounding the chosen mark.

Why Marketers and Lawyers Disagree

Many trademark experts state that the 2 most elements debated between lawyers and marketers are timing and objectives. Marketers are always advised to wait for the full and complete evaluation of any chosen mark. This is due to the cost and confusion that can come out of an incomplete mark evaluation.

On the other hand, lawyers are usually concerned about having little time to conduct full diligence to evaluate the strength and availability of a marketer-chosen trademark. This gets critical because most of the time, any delay in launching a new product can cause companies a lot of money.

Marketers and Lawyers Working Together

A brand is a key element to any company working to reach more consumers and sell more products. It’s vital but it’s not the most important element. It’s highly recommended that lawyers and marketers work together to evaluate if an existing brand is contributing to the company’s overall project. This is how they can decide to develop or create a brand that grows with the company’s projects, efforts, and new products. Many corporate leaders urge trademark lawyers to understand that some clients are ready and willing to take a risky chance that can lead to higher sales figures. Some marketers will choose a descriptive mark to identify a given product and make it easier for potential clients to find it. In this case, lawyers should help them truncate the proposed mark and add some elements to make the proposed mark distinctive enough.

Regardless of the different tasks, responsibilities, and job descriptions, marketers and trademark lawyers can come together to create the strongest brands and most profitable marketing efforts.


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