3 Differences Between Trade Mark Attorneys and Lawyers
Emily Young
When considering your trade mark options and looking for professional help, you might be wondering who to turn to. With trade mark attorneys and trade mark solicitors both being viable options, you might be wondering what the best option is for you and your unique circumstances. This article will take you through three key differences between trade mark attorneys and lawyers, as well as some of their main similarities, to help you understand the best person to assist you with the trade mark process.
1. Regulators
One of the major differences between trade mark attorneys and solicitors is the registration and regulations they are each bound by. In Australia and New Zealand, trade mark attorneys must be registered with the Trans-Tasman IP Attorneys Board. This Board ensures that trade mark attorneys are regulated and disciplined by a central body.
On the other hand, trade mark lawyers are not required to be registered with this Board. Instead, all trade mark solicitors must follow the rules outlined in the Professional Code of Conduct, which holds all Australian solicitors to certain ethical standards.
2. Privilege
Different degrees of privilege bind both trade mark attorneys and lawyers. Legal professional privilege refers to the special relationship between lawyers and their clients. This professional privilege protects communications between the two parties relating to any advice or correspondence relating to litigation.
While trade mark attorneys have some privilege, it does not extend as far as legal professional privilege. Instead, trade mark attorney privilege only covers intellectual property advice. This includes intellectual property advice concerning:
- patents;
- trade marks;
- designs;
- plant breeder’s rights; and
- any related matters.
In addition, this privilege is only available once registered with the Trans-Tasman IP Attorneys Board.
3. Ability to Litigate
While trade mark attorneys have some privilege, they do not have litigation privilege. This means if you have a trade mark infringement dispute that eventually makes it to the courts, a trade mark attorney will not be able to assist you. This is because any correspondence between you and your trade mark attorney would not be protected by such privilege. Instead, you would be required to engage a trade mark lawyer for litigation. This lack of privilege is one of the major distinctions between trade mark attorneys and trade mark lawyers.
Key Similarities
Despite the differences between trade mark attorneys and trade mark solicitors, the general duties of the two are the same. For example, both will:
- provide advice about what trade marks to choose;
- assist with conducting trade mark searches;
- assist with the preparation and filing of trade mark applications;
- provide advice about trade mark infringement options; and
- help you commercialise your trade mark.
Both trade mark attorneys and trade mark solicitors usually have legal qualifications. However, it is not a requirement that trade mark attorneys are legally qualified.
Key Takeaways
Many of the duties performed by trade mark attorneys and lawyers are the same. However, if you seek professional help for your trade mark application, you may be deciding between the two. To help you decide the best option for you, it is best to evaluate the key differences between the two and consider how these would fit with your trade mark strategy. Some of the major differences between the two include differences in:
- regulations;
- professional privilege; and
- their ability to litigate.
If you are considering engaging a trade mark attorney or lawyer for trade mark assistance but are not sure where to start, get in touch with our experienced trade mark lawyers. Contact 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
While the general duties of trade mark attorneys and lawyers are the same, there are several major differences that you should consider when deciding who to engage. Some of these differences include differences in regulatory bodies, professional privilege and ability to litigate.
Some of the similarities between trade mark attorneys and lawyers include their ability to provide advice concerning what trade marks to choose, assist with trade mark searches and prepare and file trade mark applications. They can both also provide advice in relation to trade mark infringement options and help you commercialise your trade marks.