by Traverse Legal, reviewed by Enrico Schaefer - May 20, 2009 - Uncategorized
The panelists compared and contrasted how law firms handle their practices and deliver content to the client, thus revealing the wide disparity in practices within and between firms. Discussion included types and levels of searches; when and if full searches should be requested; how the search results are delivered, and how deeply one drills down in a search and whether there is a standard. Speakers discussed how and by whom within a firm applications are prepared and submitted; whether there is redundancy or make-work in some systems; what demands are placed on the client prior to filing; whether fraud warnings are routinely issued; and whether an attorney or paralegal signs e-filings on the client’s behalf, and if so for a search what kind of paperwork authorization is in place.
Moderator:
Speakers:
There is no “one size fits all” when it comes to trademark searching and clearance. However, it is clear that many firms utilize various types of searches, and various costs, to provide an opinion to a client. The types of searched conducted included:
Most law firms can offer any of the above, and the extent of the search is dictated by the client. Law firms differ on whether to include deficiency notices in the opinion letter, a written letter or oral advice, and what items to include. Who handles the search, the application, and the subsequent maintenance varies by firm as well with some attorneys handling it and others in charge of it with attorney approval elsewhere. Regardless, the staples of each trademark law firm included a search practice, a docketing system, and maintenance processes and procedures.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.