Trade mark attorney Job Information | National Careers Service

The work

Trade mark attorneys or agents are specialist lawyers who advise clients about registering and protecting trade marks.

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

As a trade mark attorney, your work would involve:

• advising clients about choosing 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
• registering trade marks on your client's behalf
• dealing with UK and overseas registration authorities
• negotiating in disputes, and taking action if the client's trade mark rights are being broken
• drawing up contracts
• providing back-up to solicitors and barristers if a case comes to court
• handling renewals of existing trade marks, transfer of ownership and licensing.

Hours

You would typically work standard office hours, Monday to Friday, with occasional overtime if necessary to meet a deadline.

The work is office-based but you may need to travel to meetings with clients. Overseas travel may sometimes be necessary, depending on where your clients are based.

Income

• Starting salaries for trainees are around £20,000 to £25,000 a year
• After qualifying, earnings are around £30,000 to £50,000
• Top salaries can reach £100,000 a year.

Figures are intended as a guideline only.

Entry requirements

To join the profession and register to study for professional exams from the Institute of Trade Mark Attorneys (ITMA), you will usually need at least five GCSEs (A-C) and two A levels, or equivalent qualifications. Many trade mark attorneys are graduates. Many employers expect candidates to hold a 2:2 honours degree or above. You should also apply for work as a trainee with a suitable employer such as a firm of private practice trade mark attorneys, or a large company with an in-house intellectual property department. This is because a large part of your training will involve on-the-job experience.

You may have an advantage with a law degree, as this can make it easier to find work with a firm of trade mark attorneys, and you will be exempt from some of the professional exams. However, this is not essential as some employers will accept trainees without a law degree.

If you are experienced in relevant legal work but you do not have the minimum qualifications, you may still be accepted for training – contact ITMA for advice.

Training and development

Once you start as a trainee in a firm of trade mark attorneys, you will learn on the job and also study for professional exams that will allow you to be entered on the Register of Trade Mark Agents.

To qualify as new trade mark attorney from September 2010, you will take part in a new education and training system which will involve:

• a part-time law course provided by Queen Mary University London (starting with a two-week intensive course, followed by four teaching days a month over the next five months)
• several universities offer postgraduate certificate or LLM courses in intellectual property law, giving part-exemption from the Queen Mary College course.
• a part-time practice course provided by Nottingham Law School (study of three modules, with 23 days' attendance spread over 12-18 months)
• a practical experience requirement of around two years, keeping a training diary as evidence (this requirement could be shortened if you already have relevant work experience).

You will be able to find more information about the new training system on the Institute of Trade Mark Attorneys (ITMA) website.

• Institute of Trade Mark Attorneys

If you are a part-qualified student member of ITMA, you can choose to continue with the previous qualifying system of five Foundation exams and three Advanced exams.

If you are a qualified solicitor or barrister you will be exempt from some of the modules of the law and practice stages.

You should keep up to date with new developments in law throughout your career. To remain on the Register of Trade Mark Attorneys you must take part in at least 16 hours of continuing professional development each year.

Skills and knowledge

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

More information

Institute of Trade Mark Attorneys (ITMA)
Canterbury House
2-6 Sydenham Road
Croydon
Surrey
CR0 9XE
Tel: 020 8686 2052
www.itma.org.uk

UK Intellectual Property Office (UK-IPO)
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
Tel: 0845 9 500 505
www.ipo.gov.uk

Opportunities

Most jobs are with private trade mark practices or firms of patent agents with a department specialising in trade mark work. You could also work for large companies with enough trade mark interests to need their own in-house attorney.

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

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

You may find the following useful for job vacancies and general reading (links open new window):

• ITMA Jobs Board
• Legal Week
• IP Jobs
• Totally Legal