Trade mark attorneys (also known as trade mark agents) are legal specialists who advise clients about registering and protecting trade marks. They also deal with the UK and overseas registration authorities on their clients’ behalf.

Trade marks can be company or brand names, signatures, logos, or any feature that makes a product or service unique. Registered Trade Marks are legally protected from being copied or used in any unauthorised way.

The work of a trade mark attorney involves:

• advising clients about selecting and registering trade marks
• carrying out searches to see if a proposed trade mark already exists
• advising on other intellectual property issues like design and copyright
• advising clients how to use and protect trade marks in advertising and literature
• handling registration procedures for the client 
• negotiating in any disputes, and taking action if trade mark rights are being infringed
• drawing up contracts
• providing back-up to solicitors and barristers if an infringement case comes to court
• dealing with renewals of existing trade marks, transfer of ownership and licensing.

To use the title Trade Mark Attorney, an agent must be listed on the Register of Trade Mark Agents.

Hours and Environment

As a trade mark attorney you will usually work 9am to 5pm, Monday to Friday. You may sometimes need to work longer hours at busy times.

You will be office-based but may need to travel to meetings. You may sometimes need to travel overseas.

Skills and Interests

To be a trademark attorney, you need:

• a thorough grounding in UK and overseas trademark law
• a working knowledge of related copyright, patent and competition laws
• excellent spoken and written communication skills
• good analytical skills
• good negotiating skills
• accuracy and attention to detail.

Entry

To become a trade mark attorney you will need at least five GCSEs (A-C)/S grades (1-3) and two A levels/Highers or equivalent qualifications. You must also find work with a suitable employer, because to qualify as a trade mark attorney you must already be working in the profession.

If you have a law degree you may find it easier to get a trainee position with a firm of trade mark attorneys, and you will be exempt from some of the foundation examinations in the professional training.

If you have a good background in legal work but do not have the minimum qualifications, you may be accepted for the professional foundation exams. Contact the Institute of Trade Mark Attorneys for advice (details in Further Information below).

Training

You will usually start as a trainee in a firm of trade mark attorneys. You will learn on the job and work towards the professional exams from the Institute of Trade Mark Attorneys (ITMA).

To join the Register of Trade Mark Agents, you must pass five Foundation papers and three Advanced papers from ITMA. The Foundation papers cover:

• Trade Mark Law
• Trade Mark Practice
• Basic Overseas Trade Mark Law and Practice
• Designs and Copyright Law
• Basic English Law.

If you have a law degree you may be exempt from some of the foundation papers. If you hold an LLM/Postgraduate Certificate in Intellectual Property Law, you will usually be exempt from most or all of the foundation papers.

ITMA offers seminars, a two-year law course and revision tutorials to its student members.

You must also have at least two years’ experience as a practising trade mark agent before you can join the Register of Trade Mark Agents as a fully-qualified member. You will usually gain your experience whilst studying for the exams at the same time.

See the ITMA website for more information about qualification and membership.

Opportunities

As a trade mark attorney you are most likely to work for a private trade mark practice or a combined trade mark and patent practice. You could also work for an in-house intellectual property department and trade mark department in a large company. Some solicitors also employ trade mark specialists.

Jobs may be advertised in the national press, on the ITMA website and specialist legal recruitment agencies.

With experience, you could move into senior management and partnership within a firm.

Annual Income

Figures are intended as a guideline only.

New entrants earn around £16,000 to £25,000 a year.
Fully-qualified trade mark attorneys usually earn around £30,000 to £50,000 a year.
Senior salaries can be up to £100,000 a year or more.

Further information

Canterbury House
2-6 Sydenham Road
Croydon
Surrey
CR0 9XE
Tel: 020 8686 2052 Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
Tel: 0845 9 500 505