how to become trademark attorney

Trade Mark Attorney qualification route

• Prerequisite qualifications. Entry into the profession is at undergraduate degree level, often a 2:1 or higher is needed. ...
• Becoming a trainee at a firm. ...
• Year one. ...
• Year two. ...
• Two years’ experience. ...
• Exemptions. ...
• Becoming Chartered. ...
• Litigation. ...
• The Intellectual Property Litigation Certificate. ...
• Higher Courts Litigation Certificate. ...

More items...

Full Answer

Do you need a license to be a trademark attorney?

Becoming a trademark attorney As noted above, U.S.-licensed attorneys need not apply for registration to practice trademark law before the USPTO. If you are a law student interested in becoming a trademark attorney, you may want to consider participating in the USPTO’s Law School Clinic Certification Program.

How do I become a chartered trade mark attorney?

Once qualified, you will be on the Register of Trade Mark Attorneys, and can apply to CITMA to become a Chartered Trade Mark Attorney. You will need to complete 16 hours of continuing professional development (CPD) a year to maintain your place on the register.

How to become a trademark attorney in India?

An advocate with membership in state bar council can practice as a Trademark Attorney before the Trade Mark Registry of India. The minimum educational requirement to become an advocate is LL.B. from any recognized Law School.

What is a trademark examining attorney?

An attorney advisor (GS-11 "Trademark Examining Attorney") is an entry-level position. As an attorney advisor, you will be responsible for the complete ex parte examination of applications for the registration of trademarks to ensure compliance with the Trademark Act of 1946 and related statutes.

Who can be a trademark attorney in India?

Who is qualified to become a Trademark Attorney in India? Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148.

How do you get into copyright law?

How to Become an Intellectual Property LawyerStep 1: Get a Bachelor's Degree. ... Step 2: Maintain a High GPA. ... Step 3: Take the LSAT Exam. ... Step 4: Get a Law Degree. ... Step 5: Get Licensing by Sitting for a State Bar Exam. ... Step 6: Sit for The USPTO exam. ... Step 7: Practice as an Intellectual Property Lawyer.

Is patent law stressful?

Stress may come in the form of long working hours, demanding clients, and tight deadlines, but that is true for any law firm. You may enjoy the job aspect where you interact with clients and their creative ideas, discussing their invention, and researching the likelihood of successfully attaining a patent.

How do you become a Uspto trademark examiner?

Applicants must have a law degree and an active bar membership in good standing. No prior experience is required. Lastly, the GS-12/13/14 "Attorney Advisor" vacancy is for returning Trademark examining attorney positions. To apply, you must be a former Trademark examining attorney at the USPTO.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

Which kind of lawyer makes the most money?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.

Do I need a PhD to become a patent attorney?

Do I need to have a PhD? The level of understanding obtained through a PhD could be beneficial in some technical areas. However, the caseload of a patent attorney often varies and it is unusual for a patent attorney to be able to concentrate solely on one specific subject matter area unless they work in-house.

Is patent attorney a good career?

For Patent Attorneys, it's a sector of law that offers huge amounts of variety, a good work/life balance and a career path with longevity. What is Intellectual Property? Intellectual Property is about the ownership and accessibility of inventions and ideas.

Is becoming a patent lawyer worth it?

However, going to law school and passing the bar exam leads to an even more lucrative career as a patent attorney. Patent attorneys typically earn more than $133K a year, while the median salary for careers in engineering does not pay anything comparable to that amount unless you are an experienced petroleum engineer.

How much do USPTO examiners make?

The typical US Patent and Trademark Office Patent Examiner salary is $87,911 per year. Patent Examiner salaries at US Patent and Trademark Office can range from $68,044 - $174,171 per year.

How do I become a patent searcher?

There are no specific requirements or licensing to become a patent searcher. However, a patent searcher must be able to (1) understand the technical subject matter of your invention, (2) the inventive features of your invention and (3) search and efficiently review granted patents and published applications.

Can patent examiners work from home?

You can work anywhere! We have an award-winning telework program and depending on your position, you may be able to work remotely all or some of the time.

Who is required to practice trademark law?

Requirements to practice trademark law. Any individual who is an active member in good standing of the highest court of any U.S. state (including the District of Columbia, and any, commonwealth or territory of the U.S.) may represent others before the USPTO in trademark matters. Attorneys are not required to apply for registration ...

Can a U.S. attorney represent a person in good standing?

Subject to limited exceptions, individuals who are not active U.S.-licensed attorneys in good standing may not represent others before the USPTO in trademark matters .

What are the elements of a legal agreement?

Licencing agreements, transfer of ownership, expanding the scope of protection are all elements you will be involved with too.

How long does it take to become a CTMA?

You need to take two postgraduate qualifications and fulfil at least two years of on the job training in order to qualify. It will be an intensive couple of years. Click here to read about the qualification process.

Do you need a degree to become a trainee?

The simple answer is no. Potential employers looking to take on a trainee want you to have a good undergraduate degree, often a 2:1 or better. This does not necessarily need to be in law - humanities, languages and business are all valued too.

What Do Trademark Attorneys Do?

When a company uses a name, logo, or slogan in commercial activity, they acquire a common law trademark. To receive a higher level of protection, they can register that trademark. A trademark attorney specializes in the proactive protection and legal defense of this intellectual property.

How to Become a Trademark Attorney

To become a trademark attorney, you need a Master of Laws degree. That means you must first complete a Juris Doctor program from a school approved by the American Bar Association, then apply to an LL.M. program that focuses on trademark law.

What does a trademark lawyer do?

The trademark lawyer will provide information about trademark registration, provide information relating to the validity of trademarks and deal with a wife variety of filings and registrations for trademarks and court cases relating to trademark issues.

Who can represent clients before the US Patent and Trademark Office?

While any lawyer who is a member in good standing of the highest court of any state may represent clients before the US Patent and Trademark Office (USPTO), attorneys who have specialized training and education in patents and trademarks are often the most successful within this field.

What is trademark protection?

Protecting trademarks and the trademark owner’s rights with cease and desist and other matters including potential litigation.

Is trademark law fast developing?

Trademark law is an interesting and fast developing legal area.

The Procedure of Application and Qualifying Requirements

All applications under the requirements of a TM-G are rendered in duplicate and sent to or accepted by that office of the Trade Marks Registry within whose territorial jurisdiction the primary place of business of the applicant is placed.

Qualifications

Keeping in mind the requirements of Rule 145, an individual must be qualified to be registered as a trademark agent as long as they are a citizen of India, not under 21 years of age, a graduate of any institute in India, or has an equivalent qualification and has cleared the examination provided in Rule 148 or is an Advocate within the meaning of the Advocates Act, 1961 or is a member of the Institute of Company Secretaries of India and is assumed by the Registrar as a fit individual to be registered as a trademark agent..

Certificate of Registration

If the Registrar deems the applicant competent under Rule 144 for registration as a trademark agent, they will enroll the prospect as a registered trademark agent after the payment of the necessary fee and shall award a certificate to them. The registration shall prevail till the end of the financial year of the registration.

Certificate of Registration

If the Registrar deems the applicant competent under Rule 144 for registration as a trademark agent, they will enroll the prospect as a registered trademark agent after the payment of the necessary fee and shall award a certificate to them. The registration shall prevail till the end of the financial year of the registration.

Restoration of Removed Names

To restore a name in the register of trademark agents, the registrar may, on an application through Form TM-G with the fee, restore the name. Such application must be made within 3yrs from the date of withdrawal of the name, as removed under clause (b) of sub-rule (1) of Rule 151.

Modification in the Register of Trademark Agents

A trademark agent has the right to make changes to their name and address, when necessary. They can apply for such a change through Form TM-G to ensure that their data on the Trademark Agent Register stays up to date. Such alteration can include the name, place of residence, principal place of business, or qualifications provided in the Register.

How to apply to become a Trademark Attorney?

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

How long does it take to become a trade mark attorney?

As well as the two qualifications, you need to complete two years’ work experience in trade mark legal practice to qualify as a trade mark attorney.

What is a trade mark attorney?

Just like a barrister or solicitor, trade mark attorney is a title protected by law. The route to qualification is overseen by the Intellectual Property Regulation Board (IPReg). Once qualified you can apply to be entered onto the Register of Trade Mark Attorneys, maintained by IPReg, only then can call yourself a trade mark attorney.

How long is Queen Mary's Intellectual Property Law?

The Queen Mary intellectual property law course is a 13-week programme. Trainees who successfully complete this programme will gain professional accreditation from the IPReg.

What is a trade mark certificate?

The professional certificate in trade mark practice at Nottingham Law School is the course you will take in your second year. It is specifically designed to develop your knowledge base and professional skills needed to be a CTMA.

Is a law degree necessary?

A law degree can be advantageous but is not always essential. However an LLB can exempt you from a small number of the qualification exams.

Is a solicitor exempt from IP?

If you are a qualified solicitor or barrister you will be exempt from a number of the modules, depending on the extent of your IP experience.

What are the duties of a trademark attorney?

The duties and tasks performed by Trademark Attorney involves: 1 Helping companies on selecting a new trademark for businesses 2 Ensuring that the chosen trademark has not been registered for another business or do not infringe the rights of any other person 3 Help in drafting and filing applications for registering the new trademark and providing legal support on the registration, use and exploitation of existing trademarks 4 Communicate with Indian trademark registry on behalf of the clients for the registration procedures. 5 Helps to ensure that an application is properly registered with the applicable trademark office 6 In case if someone makes any trademark infringement or violation, trademark attorney help their clients by sending a cease and desist letter.

What is the law on trademarks?

The law also states the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement. The duties and tasks performed by Trademark Attorney involves:

How old do you have to be to be a trademark agent in India?

Is a citizen of India. Has completed the age of 21 years. Graduated from any recognized university in India or possess an equivalent qualification. Has passed the Trademark Agent Examination conducted by the Trademarks Registry (The examination will take place once in a year.

What is a trademark agent?

Trademark Agents. Trademark Agents are non-lawyer professionals qualified to perform trademark services. One can become a Trademark agent by passing the qualifying examination (Trademark Agents Examination under the Trade Marks Act, 1999) and the subsequent interview conducted by the Trademarks Registry of India.

How long does a trademark last?

Once acquired, a trade mark can last indefinitely as long as you renew it every 10 years. Because a registered trade mark is a form of IP, you can license or assign it to others. For providing advice in the field of trademark, there are trained and qualified persons named Trademark attorney/ Trademark agents.

What is the purpose of trademark?

The main purpose of trademark is to give an indication about the quality of the products and its origin, to the purchaser. For maintaining the unique identity of a product or service, ...

Why is it important to protect a trademark?

For maintaining the unique identity of a product or service, it is essential to protect its trademark from being copied. Through a registered trade mark, one can protect their brand by restricting other people from using its name or logo.

Where to Begin

Getting Qualified

• You need to take specific qualifications to call yourself a trade mark attorney. Just like a barrister or solicitor, trade mark attorney is a title protected by law. Firms will usually pay for trainees to take the formal qualifications required to become a CTMA. You need to take two postgraduate qualifications and fulfil at least two years of on th...

See more on citma.org.uk

What Could You Earn

Do You Need A Legal background?