“Harder times are coming” – exclusive survey paints bleak picture of trademark industry

• New survey finds trademark departments under growing pressure
• 53% of brand practitioners expect rising workloads but support lacking
• WTR’s Global IP Benchmarking Survey to be published in full next week

In an exclusive new survey, trademark practitioners around the world have voiced concern about their ability to manage heavy workloads and extreme pressure, with resources and technological tools to help them do their job less available when compared with their patent counterparts.  

The Global IP Benchmarking Survey was conducted by WTR and sister title IAM in May and June this year. For the first time, our two audiences – primarily trademark and patent professionals – were surveyed together in order to explore IP management trends and pain points. The research uncovers key trends in the organisation of the IP function, including in relation to finance, structure, headcount and responses to global events. 

The full results, from a trademark perspective, will be released on WTR next week. However, today we present a couple of top-line findings. 

Our research finds that trademark practitioners are significantly more optimistic than their patent counterparts when it comes to the role of IP in fostering innovation and economic growth in the global economy. When asked how the role of IP has changed over the past year, 43% of trademark respondents claim that the role of IP “is more effective” today, with only 10% saying it is “less effective”. That’s starkly different to patent respondents, with just 24% claiming it is more effective and nearly one-third (32%) saying it is less effective. 

How do you think the role of IP in fostering innovation and economic growth in the global economy has changed over the past 12 months?

That suggests, then, that the trademark community is more confident in the role of IP going into the future, and especially the part that brands play in the global economy.

There is also an expectation that trademark workloads will grow, with more than half – 53% – of brand professionals saying they expect an increase in the next 12 months (compared to 46% of patent practitioners). Only 1% of trademark professionals expect a decrease, significantly lower than the 7% of patent professionals who predict a reduced workload over the coming year.

How do you expect your IP-related workload to change in the next 12 months?

The reasons for the expected workload rise vary. Multiple respondents point the finger at artificial intelligence, claiming there is “more focus” and “new challenges” concerning generative AI, which “overlaps with a lot of trademark/copyright work”. Other respondents claim there is “more enforcement”, “more clearance”, and “more counterfeiting” work to be done. 

However, there is a sting in the tail. Despite these rising challenges, many claim there are “less resources to deal with them”. 

Whether it's a lack of budget or staff, a feeling of growing pressure to deal with ever-increasing workloads is reflected in the responses to our questions on satisfaction with professional life. The least positive score on the part of trademark professionals was given to career progression prospects. And, as the table below shows, trademark respondents re less satisfied with how technology and resources’ to do the job (3.2 out of 5) than patent practitioners – who gave it the highest score (3.7). This suggests a major divergence in support to effectively maintain workloads.

How satisfied or concerned are you with the following aspects of your professional life in your IP department/organisation? (5 satisfied, 1 concerned)

When asked to expand on this, respondents were blunt in their assessment of the pressures they are feeling in their job. “Clients of private practice [firms] expect complex advice to arrive when they snap their fingers,” one law firm respondent said. “This affects work life balance and mental wellbeing. If clients could plan ahead about when they need answers to things and ask early, their advisors would be less likely to burn out.”

One issue identified is in hiring, with respondents claiming that finding and then keeping effective staff is proving difficult. “Hiring and retaining competent support talent is always a challenge,” one said, with another claiming that “teams keep shrinking but workload does not change”, and one stating they feel “extreme pressure due to lack of resources”. 

With scant evidence that extra resources are on the way for under-pressure trademark departments, one respondent issued a stark warning: “Harder times are coming.”

The full results of the Global IP Benchmarking Survey will be published on the WTR platform next week.