Why Hire A Chartered Trade Mark Attorney
What is a chartered trade mark attorney?
Within the UK legal profession there are are several different types of qualified lawyers e.g. trade mark attorneys, patent attorneys, solicitors and barristers.
Chartered trade mark attorneys are registered trade mark attorneys whose qualifications and experience are specifically directed to advising clients on trade mark law, design law and copyright law. Registered trade mark attorneys are regulated by the Intellectual Property Regulation Board (IPReg).
A chartered trade mark attorney is a registered trade mark attorney that has additionally been admitted as a member of CITMA, the Chartered Institute of Trade Mark Attorneys.
All client work is dealt with by experienced trade mark attorneys at Ward Trade Marks.
What can a trade mark attorney do for you?
Filing a trademark application with the UK Intellectual Property Office (UKIPO) starts a legal process that is governed by UK trade mark law. While you may represent yourself in this legal process, hiring a trade mark attorney is a wise investment.
A chartered trade mark attorney is able to
- give you legal advice,
- help you avoid pitfalls with your application,
- increase your likelihood of getting a registration, and
- help you enforce your trade mark rights throughout the trade mark’s life.
While the UKIPO staff will try to help you through the process even if you do not hire an attorney, UKIPO employees cannot give you legal advice. The UKIPO needs to be impartial and not favour the interests of one trade mark owner over another.
A trade mark attorney can provide legal advice
- do you know if your chosen mark is registrable?
- do you have any idea if your chosen trade mark will be enforceable against others even if it is successfully registered?
- can you accurately identify and classify your goods and services in an application?
- are you prepared to respond the Examiner’s letter refusing to register your mark on a Section 3(1)(b) or (c) absolute grounds for refusal?
An experienced trade mark attorney can advise you about these and many other issues.
A trade mark attorney can conduct trade mark searches
An attorney can help you avoid costly legal problems by conducting a comprehensive trade mark search before filing your application.
Such searches look at all variations on your proposed trade mark and provide the details of those most likely to be problematic. An attorney will then analyse the results based on their knowledge and understanding of the trade mark law and the underlying case law. You will then be able to make an informed decision on whether you will be able to use and register your trade mark, without facing a trade mark infringement action from another business.
In addition to a comprehensive search, your attorney can advise you on additional investigations and checks for unregistered trade marks which have accrued rights. Even trade marks that are not registered, but are similar to yours and used for goods and services related to yours, could ultimately prevent you from using and/or registering your trade mark.
A trade mark attorney can help you understand and enforce your trade mark rights
It’s your responsibility to monitor and police your trade mark and protect it from infringement. A chartered trade mark attorney can help you understand the scope of your trade mark rights and advise you on the best way to monitor and enforce those rights, including what to do if you discover other parties are infringing your trade mark or if other trade mark owners claim that you are infringing their marks.
After registration, a trade mark attorney can help you to ensure that all required registration maintenance and renewal items are taken care of, so you maintain your registration for as long as you use your mark.
A chartered trade mark attorney can represent you in UKIPO contentious proceedings
If someone wants to object or oppose your trade mark application, they can file a trade mark opposition. If someone wants to cancel your existing registration, they can file a cancellation action on your trade mark. Oppositions and cancellation actions are held before a tribunal at the UKIPO. Because the legal issues in these proceedings are be complex, using an experienced chartered trade mark attorney is highly recommended.
Highest professional standards and service quality
Becoming a chartered trade mark attorney involves completing an exacting programme of study, skills training and rigorous exams. In day-to-day practice, our attorneys are held to the highest professional standards, code of conduct and continuing professional development requirements.
Wherever you are in the UK the EU or overseas we can help you to get your trade marks protected and enforced.