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What is a Trade Mark Attorney?

A trade mark attorney is a recognised professional registration in Australia.. It can only be attained by individuals who meet specific academic and knowledge requirements set out in the trade mark regulations. Trade Mark Attorneys are registered with the Trans-Tasman IP Attorneys Board.

Trade mark attorneys have qualifications, knowledge and skills that are relevant to the areas of trade marks law, trade marks practise, related fields of intellectual property (IP), including copyright and designs.. Registered trade marks attorneys are also subject to a strict code of conduct and mandatory continuing professional education. Every year, trade marks attorneys have to complete a minimum number of hours of continuing professional education relevant to their area of practise. They provide a signed off statement to the board each year to confirm that they have completed the minimum requirement in order to remain registered.

What’s the difference between trade marks attorney and a patent attorney?

These are also distinct qualifications. However, some patent attorneys are also trade mark attorneys. Patent attorneys complete the units of study completed by trade mark attorneys, as well as additional units of study focused on patents. If you need assistance with patents in particular (which are, in basic terms, the protection for inventions), you should consult a patent attorney.

Can any solicitor conduct trade marks work?

You can consult a general practice solicitor to do trade marks work, and it is perfectly legal for someone to act as a trade mark agent. For example, they can file and prosecute a trade mark application on behalf of someone or even assist with contentious matters, like opposition and infringement allegations.

However, we highly recommend that people who need assistance in the field of trade marks and related matters such as domain names and copyright law engage a registered trade mark attorney or a lawyer that works specifically in the field of trade mark law. You can be comfortable knowing that a registered trade mark attorney will have the necessary skills, knowledge, and qualifications required to provide accurate assistance and advice.

You will also have peace of mind knowing that a code of conduct governs your attorney’s work, and they’re doing continuing education to keep updated to changes in legislation. The same can’t be said of someone who is neither a solicitor nor a trademark attorney. Solicitors who don’t specialise in intellectual property matters and may not have previously worked in the field may not be familiar with the nuances of trade mark law and may not be up to date with relevant case law or legislative changes.

Another consideration is that a trade mark attorney will have the systems in place to help maintain, enforce, and monitor your trade marks in Australia or internationally as required.

At Mark My Words, we know the value and recognise the potential of your intellectual property, and how important it is to get its protection right the first time By conducting a trade mark search for you at the outset, you will save you a lot of money in the long run, because we are familiar with the processes and procedures.

Working with a qualified trade mark attorney, helps avoid delays and mistakes in registering and protecting your brands. Mark My Words will work closely with you to create a trade mark strategy that will protect your business now, and in the future.

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