What Is Brand Legal Counsel?

Richard Rimer

November 8, 2023

Are Trademark Lawyers and Brand Legal Counsel The Same?

I spend a lot of time telling people I am a Brand Legal Counsel or Brand Protection Attorney.  Earlier this week I was asked by a potential client how this is different from a Trademark Lawyer.  In simple terms: Yes, I am a Trademark Lawyer.  I practice intellectual property law. For 18 years I worked at large firms and proudly called myself a Trademark Lawyer every day.  Towards the end of those 18 years, I noticed a pattern.  I saw that large companies were well represented in matters regarding their intellectual property.  Meanwhile, smaller companies were flummoxed when I told them the name they used for their company violated my big client’s rights.


Brand Legal Counsel

I remember one small company owner told me “My company name may be similar to your client’s trademark, but I don’t have a trademark.”  I heard many versions of this.  Then it hit me: these small business owners often don’t know what a trademark is.  They don’t know if they have one.  They may not even know whether they do or don’t want one.  One thing is for certain in these cases; They likely didn’t know that their use of intellectual property could be the demise of their business.  I felt drawn to assist these small and mid-size businesses in protecting their brand.

Trademark Misconceptions

There are many misconceptions about intellectual property.  Just because someone created their brand, it doesn’t give them the right to use it.  Some may believe that their use of a domain name gives them the right to use their brand name.  Or maybe they filed a DBA (doing business as) at the courthouse and wrongly assumed that it would protect their brand.  My job is to provide this information to my clients to clear up any confusion and assist them in protecting their brand.  A legal issue like infringement can be a death sentence for small business owners.  Finding out their rights and investing in protection is essential to avoid catastrophe.  After working for large firms for much of my career, I found my passion in aiding smaller businesses.

As I received my calling to serve these small and mid-sized companies, I realized I had to change.  If I wanted to help them, I had to speak THEIR LANGUAGE. To me, this meant dropping the title of Trademark Lawyer.  June 14, 2021 is the day I opened my firm so I could focus on the intellectual property rights of small and mid-sized businesses.  It is also the day I began referring to myself as “Brand Legal Counsel.”  The title of Brand Legal Counsel feels more representative of the service that I provide.  It is my mission to offer protection to these small businesses that are so important to our communities.