What we actually do all day?
The job provides a unique opportunity to work with clients to develop, enhance and protect their assets.
Analysis
Much of our time is spent on applying our knowledge on trade mark law and practice to the facts of a specific case in order to advise a client about their position and options. This may involve having to sift through large amounts of information provided by the client to gauge what is relevant and going back if necessary to ask further questions before the analysis can take place. Attention to detail is critical. Although Trainees are not expected to have this knowledge when starting the job, they should be able to pick up legal tests and practice points relatively quickly, and they will be helped by the professional courses they will attend as part of the qualification process. Our analysis should result in clear, reasoned, and helpful advice as to how the client should proceed in a given situation or resolve a particular issue.
Commercial awareness
When advising clients, we should always be aware that they operate in a broader commercial environment and not become too narrowly focused on the legal aspects. Essentially, intellectual property rights are tools for our clients to further their business goals. This may mean that there are times when we should recognise that it is no longer commercially feasible to further a trade mark application or opposition, perhaps owing to a limited budget, or understanding the types of evidence a client is realistically or likely to be able to provide, for example in contentious proceedings, given their history and operations.
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Strategy
We should be able to look at a client’s position as a whole and develop a strategy that covers all of their intellectual property. That may be identifying any potential gaps in their trade mark protection or keeping in mind that there are other intellectual property rights available, such as patents or industrial designs, that may be appropriate in achieving the best possible protection for the client.
Communication
A key part of our job is to communicate our arguments and advice effectively. We correspond with a large number of different entities on a daily basis, from direct clients, which may range from lone business owners with little to no knowledge of trade marks to large multinational corporations, foreign Attorneys, and trade mark offices. This is largely done through some form of writing, although we may also speak to clients directly or on the phone. It is crucial that we use precise and accurate language to convey our advice, as well as bearing in mind who our audience is as that will have an impact on style, tone, and the level of detail or explanation required.
Organisational
Being a Trade Mark Attorney involves juggling a number of small and large jobs that are diverse in nature. Some of our days may be very fast-paced, for instance when we receive urgent instructions. It is important that we are able to prioritise our work and be constantly aware of upcoming deadlines, as well as keeping less pressing matters moving. It is quite rare to find all of these skills in a new Trainee Trade Mark Attorney. During the application process we try to identify candidates who show the potential to develop these capabilities and our in-house training for our Trainees is designed to develop these skills alongside the natural learning from day-to-day work.
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