As the economy develops every thing related to intellectual property becomes important. Trademark is one such area which is increasing in its significance in a booming economy. Every company has a serious concerns related to its trademark. Read on to know more.
With advancements in the Indian economy and job opportunities increasing, the time is ripe for specialized careers. Intellectual Property (IP) is already known to be one such specialized field. However, speakers at a recent event, Careers in IP Law: a panel discussion for law students at the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, encouraged students to specialize even further by picking a specific subject within IP and becoming experts in that area.
Being organized, diligent and able to multitask are some of the more important skills needed to start a trademark career. Organization skills are necessary when meeting various deadlines for filing or renewing trademark applications. Diligence is critical when you are involved in conducting trademark searches either nationally or globally. Finally, multitasking is important when handling portfolios of several different clients. As you climb the ladder from associate to senior associate and eventually partner, you will hone other skills along the way such as the ability to communicate effectively. Strong communications skills are necessary when interacting with clients and advising them about adopting brand names.
If you think you have these skills, how do you go about applying for a job in the trademark field? Competition today is tougher than ever and you need a curriculum vitae that stands out. It is important to be focussed as IP laws are diverse and one needs to be sure about his/her interest right at the outset. Within trademark law specifically, there are a wide range of issues from anti-counterfeiting to parallel imports and also trademarks on the internet. It is advised students should be honest about their work experience and must demonstrate their knowledge of case law during the interview.
You can apply to be a trademark lawyer inhouse or at a law firm. The main advantage of being an in-house lawyer is working hours that allow you to enjoy a work-life balance. However, most Indian companies have a limited scope for specialization suchas trademarks. This kind of work is generally outsourced to law firms. Nevertheless, this trend is beginning to change slowly. If you want to work at a law firm, there are a few more options to consider – you could apply to a large fullservice law firm and become a part of their IP team, a large boutique IP law firm or finally a small law firm with a niche focus.
Trade marks are undoubtedly the biggest assets an enterprise can possess. Needless to say that the role a trademark attorney plays to protect trademarks against infringement and passing off is indispensable. For law firms that intend diversifying into Trade Mark law practice, it is crucial for them to understand the concept of branding, appreciate the significance of passing off action, how such actions can be assessed for further legal recourse, and how the same could impact their client’s business in the concerned trade/service. There are no established pointers as such for a person contemplating a career in the field of trademarks but it is very important to understand and be able to comprehend the significance that a trademark holds. One should understand that every trademark owner expects its trademark to be the harbinger of its brand-value and reputation. Today a trademark should not only be a mode of identification of a manufacturer’s product but also an advertisement of the product, aguarantee of its quality and most importunately an image of the product in the eyes of the customers. A sound exposure to trademarks and brands in general does help but one should be conversant with the trademark laws and the latest developments that are taking place worldwide.
A career as a trademark attorney is very rewarding since most corporates, large or small, depend heavily on their trademark attorneys in order to catapult their goodwill. The cases of infringement are increasing day by day with people making attempts to take a free ride on the successful seller’s trademark and reputation. The value associated with brands has skyrocketed over the years and many colossal brands enjoy unshakable customer loyalty. Any harm to the repute of these trademarks can cause irreparable loss. Trademarks play a pivotal role in brand creation, so a trademark attorney should be capable of advising its clients regarding brand promotion techniques and strategizing the right formula for commercial success. Protection of Trademark is undeniably synonymous to strengthening of “brand-value” and ensuring the customer loyalty
Trademark is by far the most valuable asset an enterprise can possess for it represents the goodwill and the history that goes with it. The brand owners are doing everything possible to maintain their position and increase their market share. A trademark attorney plays a crucial role in safeguarding the sanctity of a trademark and maintaining the brand-value. Also, with the growing competition, the steps taken to protect trademarks are also becoming more stringent and the role of trademark attorneys is becoming more and more significant.
As a corporate in-house IP professional, my view is going to be different from that of an IP service provider. Therefore, I will answer this question from the perspective of a company that intends to create and protect a trademark portfolio. The first thing that companies must realise is that it is essential to register one’s trademark(s) at the respective national trademark office so as to start obtaining or continue receiving protection against infringement or misuse. Especially in India, there seem to be a number of companies that operate with unregistered trademarks. While Indian trademark law does recognise this as legitimate, it is in the company’s own interest to formally get their trademark registered. In addition to formally establishing their right, a valid trademark registration also serves to convince enforcement authorities to take action against potential infringers. Especially for established companies that have been operating under an unregistered trademark, when starting to create their own trademark portfolio, it may so happen that there may beother claimants to the same trademark. If another claimant/applicant can prove that they are the first and legitimate owners of the trademark, then the company would need to discontinue use of the disputed trademark, which is highly undesirable. Consequently, the earlier a company can get its trademark registered, the better. Independent of the status of one’s trademark application, it is imperative that companies keep an eye on new trademark applications and actively oppose trademarks that could potentially be confused with theirs. Furthermore, companies must ensure that they renew their trademark registration periodically and within the stipulated time period, so that they continue to enjoy uninterrupted protection.
Again from the perspective of an inhouse IP professional, I believe that the prospects for someone practising trademark law are quite bright, certainly in India. Over a period of time, we have seen awareness of intellectual property rights and their protection increasing in India. Today, there are many large foreign companies competing for market share with Indian companies that themselves have grown into substantial operations over the years. Consequently, there is an increased need as well as an awareness to protect one’s intellectual property, including trademarks, which incidentally happen to be the most visible of all IP assets owned by a company. And finally, the Indian consumer has become more sophisticated and brand-conscious, which has in turn made a company’s trademarks even more valuable. Taking all these factors into account, I can only say that the prospects for someone entering the practice as a trademark attorney look quite promising.
Whatever your choice may be; the speakers recommend that applicants should have a good idea of why they are choosing one over the other and need to back their claims with substantial reasoning.
Finally, keep in mind that the entry of foreign firms may impact the legal landscape especially in opening up the market for young lawyers. The competition will be healthy and foreign firms will bring best practices to India which will only result in a more competent and efficient workforce.
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