ITMA and the Law Society reach agreement on trade mark registration

The two bodies are in agreement that the statutory regulation of the title TRADE MARK ATTORNEY would be appropriate. Under the settlement terms ITMA will have the opportunity to seek legislative protection for the title (in terms mirroring those already applicable to the title PATENT ATTORNEY) and The Law Society has agreed to support that move. Terms have also been agreed regarding the future application to register the certification mark.

Welcoming the agreement, Philip Harris, President of ITMA said: “We had sought statutory protection for TRADE MARK ATTORNEY in the past but had been advised that, without The Law Society support, it was unlikely we would succeed. We are pleased that The Law Society and ITMA are now in agreement that the term TRADE MARK ATTORNEY merits statutory regulation as a professional title.”

“This would benefit both consumers and the two professions. We will now pursue this goal at the first legislative opportunity and, although it is late in the day, we shall endeavour to persuade Government to accept this as a late addition to the Legal Services Bill.”

“This is a perfect example of how mediation can help resolve Intellectual Property (IP) disputes. We found the process to be a very effective means of identifying the parties’ concerns and constructing a creative solution.”

Andrew Holroyd, Law Society President says: “We were concerned to ensure that the registration of TRADE MARK ATTORNEY as a certification trade mark did not prohibit solicitors from using that title. Our agreement with ITMA achieves that, whilst also paving the way for joint action to ensure that consumers are not put at risk by unqualified persons calling themselves trade mark attorneys.”

NOTES TO EDITORS

1. The Institute of Trade Mark Attorneys (ITMA) was established in 1934 as the professional body representing those persons qualified to act for the owners of trade mark and allied intellectual property rights (in particular, registered designs) both nationally and internationally. It now represents the vast majority of UK registered trade mark agents and all UK Trade Mark & Design Litigators.

2. Currently ITMA has approximately 500 practising members; it also extends associate membership to professionals in related fields of law and overseas membership to foreign trade mark attorneys. Its total membership (all classes) is about 1600 members, primarily located in the United Kingdom and Europe, but also in more than 50 other countries.

3. ITMA is regularly consulted by UK government and by international bodies when questions affecting trade mark and allied intellectual property rights arise. It has regular meetings with the UK Intellectual Property Office, the Community Trade Marks Office (OHIM), the World Intellectual Property Organisation (WIPO) and other sister organisations in Europe and beyond. For more information visit www.itma.org.uk.

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