MARQUES conference 2024: Trademarks, traits and trust 

With trademark attorneys uniquely placed at the cross-section of legal, product and business consulting, a broader range of skills is required to support clients and adapt to new industry trends and technologies. Little wonder this year’s MARQUES conference takes as its theme the ‘many traits of the trademark expert’, says Luke Portnow.  

As the theme of this year’s MARQUES Annual Conference makes clear, the legal and consulting role of trademark attorneys is becoming ever broader as our profession adapts to new industry and client demands and technologies. Trademark consulting now involves an appreciation of multiple factors away from ‘pure’ IP law, meaning attorneys must work outside their traditional comfort zones to support their clients effectively with more strategic and business-minded legal advice. 

By focusing specifically on the ‘traits’ required by the modern trademark professional, the MARQUES conference programme reflects this professional shift. It also draws our attention to some important recent developments in European practice that reflect a more harmonised approach to IP law and practices, as well as others that touch only on specific jurisdictions.  

Reconciling different approaches to IP law 

One example of specific differences in approach to be featured at this year’s MARQUES conference is product design. While we may rely on harmonised EU law, courts in the various member states apply the same criteria in distinctly different ways, often leaning towards earlier national traditions. Nowadays, this is even more pronounced in the United Kingdom since its departure from the EU bloc.  

Online enforcement is another broad and important topic in this category since effectively combining online and offline enforcement is often determined by national laws and practices. For instance, advisers need to have an appreciation of ‘unjustified threats’ provisions linked to automated takedowns, in some jurisdictions; in others, advisers may need to rely on unfair competition or common law rights, rather than only registered trademark rights, to provide successful enforcement. 

Navigating the court of public opinion 

Another important topic to be covered at this year’s MARQUES conference is the need to navigate the court of public opinion, given: “It is not just high-stakes lawsuits that make news.” 

These days, sending a formal template pre-opposition demand letter can create a public relations (PR) nightmare for a brand in some countries. Based on the different experiences, various states in geographical Europe now have diverse practices related to issuing such letters. Therefore, brand owners and their attorneys need to consider every stage of a dispute, based on the specific jurisdiction. No longer, is it just a question of avoiding litigation but also the need for effective strategies to counter potentially adverse PR.  

The strategy of ‘whack a mole’ enforcement appears risky in the world of 24/7 news and social media, so the MARQUES conference offers the ideal forum for methods to circumvent this to be shared and explored.  

Beyond the comfort zone 

For trademark attorneys to ‘work outside their traditional comfort zones’, legal consulting roles now need to cover marketing and advertising, regulatory and commercial issues, as well as the PR risks of broad-brush enforcement mentioned above. As the MARQUES conference programme makes clear, practices will need to adapt. 

It is an exciting time for our industry, which finds itself at a pivotal point in the evolution of IP consultancy and management. By understanding the traits that are necessary to succeed, we can better prepare to support clients and earn their trust as our profession continues to evolve. 

At Novagraaf, we understand that today’s global and complex business environment demands a truly connected IP perspective and a partner that can deliver legal expertise, administrative support and commercial insights. We have been helping iconic brands and innovative organisations around the world to power their competitive advantage by combining legal, consulting and commercial advice for more than 135 years.  

As part of the Questel group, we are also uniquely poised to adapt to our client needs, thanks to our extensive legal services offering, long-standing experience, coordinated pan-European offices, trusted worldwide attorney network, and leading enforcement and management offerings. 

To find out more about our comprehensive and business-minded IP solutions, speak to your Novagraaf attorney or contact us below. Subscribe to our IP newsletter, Perspectives to receive our team’s post-MARQUES report. 

Luke Portnow is a Chartered Trademark Attorney at Novagraaf in the UK.