Who can provide advice on trade mark law in the UK?
Registered Trade Mark Attorneys, solicitors, patent attorneys and barristers can all provide advice on trade mark law in the UK. The differences between them are:
Registered Trade Mark Attorneys ( RTMAs) are regulated by the Institute of Trade Mark Attorneys, and must pass an examination set by the Institute before they qualify for entry on the Register of Trade Mark Attorneys kept by the Department of Trade & Industry. Some RTMAs have law degrees; some are also qualified as solicitors, or patent attorneys or non-practising barristers.
Some firms consist solely of RTMAs; other firms are a mixture of RTMAs, patent attorneys and solicitors.
Solicitors are regulated by the Law Society. Trade mark law is not covered in the examinations set by the Law Society. It is a specialised area of law; few firms of solicitors provide advice on it.
Patent Attorneys are regulated by the Chartered Institute of Patent Attorneys. The examinations set by CIPA do not cover trade mark law.
Barristers are regulated by the Bar Council. They advise on trade mark law on instructions from RTMAs, solicitors and patent attorneys, usually in preparation for High Court proceedings, or appeals to the High Court from decisions of the Trade Marks Registry.
Correspondence with any of the above professionals on any trade mark matter attracts legal privilege.
The staff at the Patent Office also provides advice on trade mark law. However, because they are not legal professionals, none of their advice attracts legal privilege and none of the staff falls within the regulation of any of the bodies listed above.
Back to Home page