The Impact of Effective Conflict of Interest Checks in Trademark Practice

Attorneys can minimize the risk of conflicts of interest and maintain the ethical standards required in the legal profession by taking certain steps. For example, identifying conflicts early in the client intake process helps ensure that attorneys can make informed decisions about whether to take on a new representation and seek consent where warranted. However, there is no industry standard for conflict check policies. What works for one firm may not work for another, and each firm must establish and maintain its procedures in a manner which makes sense given its own unique circumstances. This article, written by Peter Sloane and published in the INTA Bulletin on January 22, 2025, explores the various approaches, tools, and risks for firms to consider when establishing their conflict check procedures.