Trade Mark Attorney Services

Whether you choose to have a trade mark lawyer or trade mark attorney file your trade marks is really a decision you should make based on the experience and quality of the particular individual. Lucky we have both trade mark lawyers and registered trade mark attorneys working at the firm.

The great thing about trade mark attorneys is that they have completed a special course in trade marks and so they have some really great working knowledge about the trade marking process and also overcoming objections, consents, oppositions and evidence of use submissions.

A trade mark attorney normally hasn’t graduated with a Law Degree and doesn’t have the right to practise as a Lawyer or Barrister (therefore, they can’t provide legal advice), however they are registered with the Trans Tasman IP Attorneys Board and limited to only advising in relation to trade mark law matters.

Although a trade mark attorney has specialised skill in providing advice in relation to trade marks, just like a licensed conveyancer has knowledge to act in relation to the sale and purchase of real estate – should a dispute arise in relation to the trade mark or Court proceedings, then ordinarily the trade mark attorney will not be able to act as they are prohibited from doing so and are not insured to provide that advice.

Usually, only a qualified lawyer can do so, or if at any stage, the matter requires legal advice from a legally qualified lawyer.

Lucky we have both trade mark lawyers and registered trade mark attorneys working at the firm.

Although some trade mark attorneys may have more experience than some other lawyers (if they don’t do a lot in the trade mark space), it is preferable to have a trade mark lawyer represent you if they are very experienced in the trade mark arena, as they have higher duties to you from a legal perspective, fiduciary duties to you as a client to act in your best interests and all of their advice is covered by legal professional privilege under the Legal Profession Act.

In addition, should there be any disputes arise in relation to the trade mark, you don’t then have to engage a law firm after already engaging a trade mark attorney, which does save costs and preserves all legal communications and advice.

As mentioned, great to have a firm acting for you that has both registered trade mark attorneys and lawyers, so you won’t have to brief someone else and incur those extra costs in that event.