Knuckle Down, Fit In.

About 13 years ago, I had my first appraisal at what was then my new firm: Prettys in Ipswich.  Colourful shirts, floppy hair and a passion for doing things differently, I think it’s fair to say that I was already rubbing my supervising partner up the wrong way.

“You need to knuckle down”, he said.  “You have to fit in.”  I still have the notes I made at the appraisal, which was something of a character assassination.  Those notes contain just four words:

KNUCKLE DOWN

FIT IN

And for a long time I had them pinned to the wall above my desk, as a badge of pride.

I have never “fitted in” to any law firm that I have worked at.  Which is probably why within a year of meeting the right person to partner up with, I had set up my own practice.  We work hard, we love what we do.  But we will never knuckle down.  We will never fit in.

As a result, we will never again get that magical unexpected call from the huge client of which every lawyer dreams.  (It did happen to me once, when I was at Watson Burton, and I ended up handling all the grey trading litigation for Canon UK.)  But that’s OK.  Because what I’ve realised is that even as a lawyer, it’s OK not to fit in, not to knuckle down.  There are enough people out there who like the way we do things that differentiating ourselves on this basis is a good thing.  A great thing.

Two things happened today that made me decide it was time to write this post.  One, we had some wonderful recommendations (one from a client, one about our iTunes podcast, and finally one being a podcast listener coming to our defence when somebody suggested that my post about it wasn’t suitable for a Facebook group about start-ups in London).  All this in the space of an hour and a half.

And two, I read this post by Seth Godin.  Of course, Seth is all about differentiation.  And you’d know that already if you had read Purple Cow.  But what I love about this very short post is that it summarises in just a few words not only why it’s important to be different, but why the reason for that difference is important.  You’ll see when you read it.  And don’t say you haven’t got time.  It’s less than half the length of this one…

Do You Find Lawyers Frustrating? You’re Not Alone.

I just read an interesting assessment of forthcoming changes in European trade mark law.  Rather enthusiastically, it was called “Trademarks: a Hot New Issue“.  I imagine only an IP lawyer could describe changes to trade mark legislation as “hot”, but it was worth a read.

The piece, published on the website of the Law Society Gazette last week, focussed on the proposal to cut the fees for Community Trade Mark applications.  OHIM, the body responsible for administering the system, has been making a sizeable profit despite having  cut its fees substantially a few years ago.  The European Commission, it seems, is not happy about this.

It is generally agreed that Community Trade Mark application fees are too high.  One of the reasons for this is that the basic price for an application gives you the right to cite goods and services in three classes.  If you want to know more about how the classification system works, see my explanation here.  I’m guessing from Mr Goldsmith’s piece above referenced that there are a number of European countries in which this is the standard practice – not being a trade mark attorney this is not something that I have ever needed to know.  However, in the UK it has only ever (so far as I’m aware) been necessary to pay for your application in one class.

The result of this is that although it costs a base price of €900 to file an application for a Community Trade Mark (otherwise referred to as a “CTM”), in the UK it costs just £170.  (By the way, there’s no VAT on either.)  On the other hand, for your €900, you get not just an extra two classes of goods or services in your specification, but you get trade mark protection across the whole of the European Union, which I believe now extends to 30 countries, following the accession of Croatia, and about 300 million people.

This creates a number of problems.  First, the CTM application is unnecessarily complicated and expensive for SMEs who wish to file applications in just one or two classes (which is most of my clients).  Secondly, it makes the comparison between a UK and a CTM application difficult to explain to a client who is open to the latter but a little short of funds (again, most of my clients).  Third, those clients that do opt for a CTM but who are only really interested in one or two classes feel the need to cite all the three that they have been forced to pay for, filling the surplus classes with an unwanted clutter of goods and services that really they have little intention of using.

Excessive specification clutter (yes, that’s the phrase they use) then causes a problem for businesses who bother to check the trade mark registers before selecting a new brand.  If you’ve never heard of a trade mark or its proprietor and the mark itself is yet to be used in public, how do you know that really the owner intends to apply it only to clothing in class 25 and not for industrial oils and greases in class 4 or non-metallic building materials in class 19?

As you can see, this debate, whilst superficially dull, is actually quite relevant to brand owners and would-be brand owners around the world.  Especially those, like you, who are on a restricted budget.

So why is this an example of the frustration that lawyers create?

If you scroll to the bottom of Mr Goldsmith’s well-written article, you will see that he asks for comments from his colleagues.  However, of the four comments posted, only one partially contributes to the debate.  The other three and a half comment upon or castigate the author for his apparent use of the American spelling “trademark” as opposed to the English version “trade mark”. (In truth, I suspect that the spelling was changed in the sub-editing process.)

One of those comments includes the line:

“If we can’t get these things right, what hope is there for the clients?”

Really?

All around us, the profession is crumbling.  We face hitherto unknown financial pressures and competitive threats.  Lawyers have never been less valued by their clients or more disrespected by the public at large.  But of course what prospective clients are really interested in is whether we can spell the word “trade marks”.

If you’ve ever thought the lawyer you regretted consulting sat in an ivory tower unable actually to give you any useful advice, here’s your proof.  Were I not an aetheist, I think I would be seeking divine intervention by now…

Memory Tapes

This was not quite my first mix tape, but I think it might have been the second.  I came across it the other day.  I think the first one was better and was from about 1983 and had stuff like OMD, Depeche Mode, Duran Duran and all sorts of other good stuff.  I think this was 1984 and is my earliest survivor.  It’s recorded on a TDK D90…

Bird of Paradise – Snowy White

Love of the Common People – Paul Young

Hold Me Now – Thompson Twins

Club Tropicana – Wham

Waves – Blancmange (still think this is awesome)

Electric Dreams – Phil Oakey & Giorgio Moroder

Missing You – John Waite

Hello – Lionel Ritchie (a lot of soppy stuff on this tape…)

Too Late for Goodbyes – Julian Lennon (whatever happened to him)

Against All Odds – Phil Collins (really..?)

White Lines (Don’t Do It) – Grandmaster & Melle Mel (now that’s what I’m talking about)

You’re the Best Thing – Style Council

Small Town Boy – Bronski Beat

Lessons in Love – Level 42

Absolute Beginners – David Bowie

Invisible Touch – Genesis

Happy Hour – The Housemartins

Look Away – Big Country (such a loss)

Is This Love? – Whitesnake

Lies – Jonathan Butler (don’t remember that one at all)

Pretty in Pink – Psychedelic Furs (big sign-off!)

And if that’s not enough, the name of this tape is “Essential Edits”.  This is sooooo embarrassing but somehow I feel much better for it.

In my defence, may I add that the first 12” and 7” vinyl that I bought was Blondie – Parallel Lines and Cool for Cats by Squeeze back in 1978 at the age of 9, so I was a lot cooler in the 70s obviously…