Trade Mark Attorneys finally get Litigators' Rights
5 April, 2005
April 1st 2005 marked the enactment of the Trade Mark Attorneys Order 2004. This gives suitably qualified members of the Institute of Trade Mark Attorneys (ITMA) the right to conduct litigation in
the Chancery Division of the High Court and the County Court (including the Patents County Court) in relation to trade mark, design and passing off cases.
Stephen James, President of ITMA, said:
“After a ten year struggle, we have finally secured rights of audience in the County Courts and in private on interim matters in the High Court. It is a defining moment in the history of this Institute which only last October celebrated its seventieth anniversary.”
“These rights are only available to corporate members of the Institute of Trade Mark Attorneys who have been granted Trade Mark and Design Litigator Certificates by ITMA. Some members, who by virtue of being a solicitor, may obtain their certificates upon application to the Institute.”
“Others, who by virtue of their existing experience in trade mark litigation and contentious matters, may obtain certification by completing an intensive course run by Nottingham Trent University over three weekends. Already 11 members of the Institute have followed that route and should shortly be receiving their litigation certificates.”
“For other trade mark attorneys, with three years status as corporate members of ITMA, but with little experience of litigation, Nottingham Trent University runs a 2 year course which can also lead to certification.”
“It is to be hoped that ITMA members will undertake more and more of these trade mark litigation courses thus increasing the number of trade mark litigators from within the profession. In my view, trade mark litigation work offers ITMA members a chance to develop other avenues of work and I hope the membership avails itself of this opportunity.”
NOTE FOR EDITORS
The Institute of Trade Mark Attorneys (ITMA) is the professional body for trade mark attorneys in the United Kingdom. Established in 1934, it plays a significant role in promoting the importance of registering trade marks. Our Members, Trade Mark Attorneys, give specialised legal advice and assistance relating to the selection, registration, protection and exploitation of all kinds of trademarks and brands, as well as designs. Much of our Members’ work involves representing national and international clients of all kinds in registered trade mark and registered design matters before the UK Patent Office and before the Office for Harmonisation in the Internal Market.
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