trademark attorney

What is the difference between a trademark attorney and a solicitor?

From time to time, there can be confusion around what a trademark attorney does and why a trademark attorney is different to a solicitor.

The word attorney is not as commonly used in Australia as it is in other countries.  In view of this, we find that confusion can arise when it comes to solicitors on the one hand and trademark attorneys on the other hand.

In general, a trademark attorney is qualified to advise on trademark law matters. For the purpose of this article, when we talk about trademark law, we refer to general laws around brand protection.

A trademark attorney will operate within the boundaries of trademark law and for this reason, their skill set can be very specialised.  A point that is often overlooked, is the benefit of this specialisation.  In order to illustrate, it is a very similar to a licensed conveyancer specialising in the legal side of the purchase and sale of real property. A conveyancer will become very experienced in property related issues as a result of this specialisation.  In a similar fashion, a trademark attorney will become very experienced in trademarks as result of their own specialisation.

In order to point out a few examples of the types of services provided by a trademark attorney, these will generally include:

  • advising on brand protection strategies;
  • preparing and filing trademark applications in Australia and overseas;
  • advising about potential infringement of trademarks;
  • representing clients in trademark opposition proceedings;
  • dealing with the transfer of ownership of trademarks;

Our firm has a mixture between patent attorneys, trademark attorneys as well as solicitors.  This means we have a mixture between attorneys and solicitors in order to provide complete intellectual property services.

In brief

As shown above, a trademark attorney is a specialised legal practitioner, whereas a solicitor may advise on broader areas of law, such as employment or family law. This does not mean a solicitor cannot specialise in one area of law, many will specialise in a select few areas.

Finally, if you would like to make an appointment to speak with one of our trademark attorneys, please contact us. Alternatively, please fill out the below form:

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