A trade mark attorney is a professional who provides representation and advice in relation to trade marks. They can assist in protecting and exploiting your trade mark and associated rights.
They have an indepth knowledge of trade marks law, but they are also well grounded in other forms of intellectual property such as copyright, patents, designs, domain names, confidential information and trade practices. Matters that trade mark attorneys routinely undertake are:
- applying for trade mark registrations in Australia and overseas;
- trade mark searches;
- providing advice in trade mark disputes and infringement;
- trade mark litigation;
- licensing and assignments of trade marks
In Australia, a trade mark attorney is a distinct profession from that of a lawyer, and a trade mark attorney need not have any other legal qualifications. A lawyer, on the other hand, may have only limited knowledge of specific trade mark legislation and cases, prefering instead to brief a barrister or trade mark attorney to handle the technical parts of the case.
As with lawyers, communications between a registered trade mark attorney and their clients are privileged.
Daniel McIntosh, principal of McIntoshIP, has worked as both a lawyer and trade mark attorney.