Whenever clients ask about filing a trademark in China via the Madrid System, our answer is simple: filing a national application directly with the Chinese Trademark Office (CTMO) is better.
China’s trademark system is complicated and overseen by oftentimes capricious examiners, especially as compared to the one-size-fits-all Madrid application that makes registering a trademark in China seem so easy. All you have to do with a China trademark filing via the Madrid System is check the box marked “China.” This lulls Madrid applicants into a sense of complacency, but all too often the result is a rejection that could have been avoided with a national application in China.
Madrid applications are supposed to be cheap and quick, but fixing Madrid problems after the fact is neither. This “Madrid problem” is exacerbated by U.S. lawyers comfortable filing in Madrid but with no experience filing in China.
Trademark prosecution in China is highly mechanical. For the vast majority of applications, you file an application and then wait 18 months for your trademark to be registered or rejected. (A slight oversimplification, but not by much.) China has no CTMO equivalent to a USPTO office action, no back-and-forth with trademark examiners, and no chance to amend an already filed application.
For this reason, the meaningful work for Chinese trademark applications occurs before you file the application…
* When asked whether she thought Edward Snowden was “a whistleblower or a traitor,” Justice Ruth Bader Ginsburg politely declined to answer — justices of the Supreme Court don’t just give previews of their opinions. [CNN]
* Ed Siskel recently left his role as deputy counsel in the Office of White House Counsel. It’s anyone’s guess which Biglaw firm added Gene Siskel’s nephew to its practice. Hopefully it’ll get a thumbs-up. [Politics Now / Los Angeles Times]
* It’s a “tale of two law schools”: the kind that place their students in jobs and the kind that let them languish in unemployment or underemployment. More on this tomorrow. [National Law Journal]
* Two NYU Law students’ emails were subpoenaed after they denounced the business activities of one of the law school’s trustees. Now, we’re not going to say that the school picked a side, but… [DNAinfo]
* Congrats, you can “Like” General Mills all you want without fear of arbitration. The company was so overwhelmed by negative consumer response that it withdrew its new legal terms. [New York Times]
First, some good news: law students are starting to feel like the market has normalized. This year’s law revue submissions contained less of the “Oh Noes, Sweet Jobs Are Gone” parodies that have dominated the contest in previous years. This year was actually full of people whose greatest life tragedies apparently involved getting onto/not getting onto law review. The “new normal” is normal.
The bad news: videos about people getting onto/not getting onto law review are generally boring. Dear lord, every prospective law student and their mothers talk about wanting “practical training” and “clinical experience,” but the minute they get into law school they become obsessed with getting the most impractical résumé builder around. There wasn’t one “client” or clinical experience to be found in this year’s submissions. That should tell you a lot about the difference between what law schools say they’re teaching, versus what they’re actually teaching.
Anyway, we’re doing the worst of the worst at 3:00 p.m. on Good Friday. Joe Patrice says not to worry, we’ll have something better for you in about three days…
‘We’re all going to be Free Speech lawyers for underprivileged!’
* This law school will only accept students who want to be lawyers for the “right” reasons. In other words they’re admitting everyone because literally no admissions essay ever says, “I want to be a lawyer so I can make bank covering up a Ponzi scheme.” [Huffington Post]
* Chelsea Clinton is pregnant. Do you ponder how this will impact Hillary’s 2016 plans? Then you’re stupid or sexist or both. [The Baffler]
Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Sunny Choi of Ms. JD interviews lawyers who have found their passion by leaving the law.
Fact: The law isn’t for everyone. Fiction: You have to practice law if you’re a law school graduate.
Sometimes, you just have to leave the law completely and follow the road less traveled in order to find your true passion. I’ve interviewed two former attorneys who were brave enough to venture into the unknown and in the process, discover their passions outside of the law.
MEE-JUNG JANG (New York, NY)
1. What is your current occupation or line of work?
I am writing to share some great news about Florida Coastal School of Law’s latest bar passage results released this week. Out of the 11 law schools in the state, Coastal Law’s bar passage rate of 72.9% is ranked in the top 5…
Finishing 5th out of 11 is a solid “Gentleman’s ‘D’” for the jewel of the Infilaw crown, but Schumer is intent on slathering lipstick all over this pig by hailing it as a “top 5″ achievement. Let’s help her out. Out of 11 Florida law schools, Florida Coastal is Number 1 in graduate underemployment! Number 1!
In this economy, lawyers are being forced to roll up their sleeves and learn new tricks of the trade. Some have even taken up the practice of Door Law — they’ll take any case that walks through the door. Other lawyers have expanded their horizons to offer services that are wholly unrelated to the law. Desperate times call for truly desperate measures.
Check out this advertisement — if you can even call it that — for a lawyer who really seems willing to do just about anything for a buck…
Actually, let me clarify that. Email is a fast, open platform that has universal adoption and has changed the world. It’s convenient and probably how 99% of the people reading this conduct their client communications. But email client programs suck. Most of them are horribly designed and have morphed into unwieldy, user-interface nightmares, mostly due to the broken way most people use them.
If you’re like the vast majority of people, your inbox is a source of work. It’s also highly likely that you also treat it as a storage/repository of work. You begin to attempt to organize it. You start flagging things, creating folders, and soon you’re using your inbox as a task management system. Which is horribly inefficient, and not at all what your inbox is designed for. Furthermore, you’ve likely got your email client set to fetch and notify you on some ridiculous schedule, like every five minutes. Meaning that it’s quite possible that you never get more than five minutes into a task before being interrupted!
A few states are still wrapped up in the “knockout game” panic, despite there being very little evidence that it’s even a thing, much less something that can’t be handled by existing assault laws. But since no panic can be allowed to escape unlegislated, sweaty-browed legislators are pushing bad, broadly-written bills in order to put an end to this scourge, one that lies somewhere between “vodka tampon” and “jenkem” on the scale of believability.
We among the chattering classes give short shrift to the effects of those opinions we espouse. Take, for instance, gay marriage. This website was one of many that advocated fairly passionately in support of legal gay marriage. In a vaccum, of course, this was a sound position to take on the matter. In a vacuum, everything just sounds like “VVVRRRRRRGGGRRRRRRRR-WWWWWWWOBBLEOBBLEVVVVRRRRR!!!!”
But we do not live in vacuums, do we kids? No. Our floors are filthy. And so it is that gay marriage is now legal and heterosexuals are forced to break big rocks all day, waiting for the day that their homo overlords stop with the disco dancing and the fornicating. This is the bed we’ve made.
I suppose I should get to the sporting point of this discursion before I lose the 3 or 4 people who read these posts. Of late, the internet and even this small cyber space have beaten up on the NCAA something fierce. The organization — full of sports and money, signifying nothing — is a convenient target for scorn. And the recent drive to unionize the Northwestern football team, covered on this site and others, has galvanized into a sort of fait accompli about the end of amateurism, that traveshamockery of Orwellian gobbledygook. But if the Northwestern football players were successful in their legal fight, what would that really mean? What would the world of college sports look like if the jocks finally avenged their tragic defeat depicted in the non-fiction film Revenge of the Nerds?
* Leonard M. Rosen, one of the name partners of Wachtell Lipton Rosen & Katz, died earlier this week. Our very own Managing Editor David Lat once sat three doors down from this respected restructuring maven. Rest in peace. [Bloomberg]
* A judicial ethics board has recommended that this judge be removed from the bench because she once “sold out her clients, her co-counsel, and ultimately herself.” Oh Flori-duh, you give us so many reasons to <3 you. [Sun Sentinel]
* Gov. Christie named Dean Patrick Hobbs of Seton Hall Law as ombudsman for New Jersey’s executive branch. Congrats, but looks like Seton Hall may need a new dean. [New Jersey Law Journal]
* A woman working in retail was put on four months of forced maternity leave when she was four months pregnant. She’s due after her forced maternity period is up. Of course she’s suing. [Los Angeles Times]
* ICYMI, here’s a list of all of the fine states in America where blowjobs are illegal, but necrophilia is a-okay — or “anti-blowjobs, corpse-sex-friendly states,” as Adam Weinstein ever so eloquently puts it. [Gawker]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…