To become a trademark attorney, one must obtain a law degree and practical experience in trademark law, as well as be licensed to represent clients in the federal court system. This involves obtaining a bachelor’s degree, attending an American Bar Association-approved law school, passing the bar exam, and gaining relevant experience. Trademark law is distinct from copyright and patent law and involves protecting identifying marks that outline a brand.
To become a trademark attorney, you must obtain a law degree and relevant practical experience in the field of trademark law. Trademark attorneys work in the federal court system in the United States, so you must also be licensed to represent clients and file trademark applications in the federal court system. Trademark attorneys play an important role in protecting intellectual property; therefore, there is a lot of education and training involved if you want to become a trademark attorney.
The first step in becoming a trademark attorney is to obtain the appropriate preliminary education. In the United States, this means earning a bachelor’s degree. In other countries, it means earning the equivalent, like a university degree in England.
After graduating, the next step is to obtain a legal education as required by the laws of the country in which you live. In the United States, this means attending an American Bar Association-approved law school. Some law schools offer specializations in trademark and patent law; attending one of these schools might be a good idea if you want to become a trademark attorney, but it’s not necessary. Attendance at any ABA-approved law school will suffice as long as you take courses in copyright, patents, and trademarks. Because trademark law is governed at the federal level, you should also take courses in federal civil procedure.
After you graduate from law school, you must meet other requirements as defined by the country you live in. In the United States, this means taking the bar exam and being recommended to practice at the federal level by a lawyer in good standing. In Australia, to become a trademark lawyer, you must register with the Professional Standards Council. As laws differ from country to country, it is best to speak with the local patent and trademark office or department in your relevant jurisdiction to find out the specific requirements in your area.
Gaining relevant experience is the next step. This is normally done within the confines of a law firm, as it is rare to find private clients right away. During this time, you will gain experience filing trademark applications with the regulatory body. In the United States, this is the United States Patent and Trademark Office.
Trademarks are identifying marks that outline a brand, so acting as a trademark attorney involves knowing the rules of how to follow that application and understanding what can be registered. A celebrity’s likeness, for example, can be trademarked by that celebrity, so that no one can use her likeness without her permission; a brand identification mark such as the Nike swoosh or Coach bags can also be registered. This body of law is distinct from copyright law, which protects original works of authorship that serve artistic purposes only, and patent law, which protects inventions that serve or perform a tangible function, such as patents on machines and formulas for drug therapy. .
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