STATUTORY REGULATION: Society and ITMA reach agreement


Mediation proceedings have broken the impasse between the Law Society and the Institute of Trade Mark Attorneys (ITMA) over use of the title 'trade mark attorney'.



The Law Society had originally opposed an application by ITMA to register the designation as a certification trade mark because ITMA wanted it to apply exclusively to its members. This would have disadvantaged solicitors wanting to use the term to describe their area of practice - as many solicitors already do - but who are not ITMA members.



Membership of ITMA depends upon passing certain qualifying examinations and being listed on the register of trade mark agents. Many members are solicitors, but it is not a requirement.



The two professional bodies have now agreed that there should be statutory regulation of the title as a certification trade mark for qualifying solicitors and non-solicitors alike. ITMA said it would seek to persuade the government to include the change in the Legal Services Bill.



Law Society director of government relations Russell Wallman said certification meant that only qualified people could use the designation.



'Certification helps avoid abuses,' he said. 'The designation "lawyer", for instance, hasn't been registered. So there's nothing stopping anyone calling themselves a lawyer and setting up in practice. That now cannot be the case with trade mark attorney.'



Mr Wallman added that the Society was pleased to have 'avoided potentially expensive further proceedings'.



Law Society President Andrew Holroyd said: '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.'

ITMA president Philip Harris said: 'We are pleased that the Law Society and ITMA agree that the term "trade mark attorney" merits statutory regulation as a professional title.'





Jonathan Rayner