How to Become a Trademark Attorney?

A Trademark Attorney is a specialist in intellectual property such as patent rights, utility model rights, design rights, and trademark rights and is a national qualification with exclusive business matters.

To Become a Trademark Attorney

To work as a patent attorney, after passing the national examination for patent attorneys, it is necessary to register with the Patent Attorneys Association after undergoing practical training. Qualify as a lawyer or have more than 7 years of experience in examination or trial as an examiner or judge of the Patent Office. You will be exempt from the patent attorney examination.

Outline of Patent Attorney Examination

The patent attorney examination is conducted in three ways: a short-answer examination, a dissertation-type examination, and an oral examination. Only those who pass the short-answer exam can qualify for the dissertation exam,

and if they pass the dissertation exam, they can proceed to the oral exam. 

The dissertation-type examination is exempt from elective courses if you have a master’s degree in science

or law or if you have certain qualifications. Oral exams are also eligible for those who passe the thesis-style exam the previous year and did not pass the oral exam.

The pass rate in 2016 was 7.0%, the pass rate was 6.6% in 2015 and 6.9% in 2014, and the pass rate is low. 

In addition, the average number of successful applicants taking the exam is as high as 4.4 in the 2016 exam,

which seems to be considerable difficulty in the national exam. It is also characteristic that more than 80% of successful applicants are from science and engineering.

What Is the Career Path of a Patent Attorney?

There are cases where patent attorneys work for patent offices and cases where they work for companies, and their career paths are different.

You can either join the company as an Associate who is a general employee or gain experience, aim to become a partner of that office or open your own office independently. 

Many patent attorneys are transforme from engineers, and it seems that there are many offices where you can join the company

even if you have no experience in patent attorney work, as long as you have technical knowledge. 

At the patent attorney’s office, some employees are not qualified but who understand the business and are in the position of “assistant” to help the patent attorney. 

Trademark Attorney who work for companies is often assigned to legal departments. However, patent attorney qualifications are not required for recruitment or assignment,

as manufacturers do not necessarily need a patent attorney to apply for a patent for their technology and are usually only reflected in qualification allowances and promotions.

In addition, the registration fee to the Japan Patent Attorneys Association, which is require to work as a patent attorney, is high,

so the company cannot bear the registration fee, and it seems that qualified persons often register at their own expense.

Annual Income and Salary of a Patent Attorney

What is the salary / annual income of the patent attorney you care about? The salary information of job offers nationwide is aggregated,

and the salary band and annual income band of patent attorneys are graphe independently. 

Registering Your Brand Is Essential, if You Do Not:

1. Anyone can use, imitate, or copy it, offering cheaper prices than you.
2. Anyone can take advantage of the prestige and quality that so much effort and money has cost you to obtain.
3. You will not be able to act legally against these imitators, which will lead you to lose clients and, therefore, money immediately.
4. Anyone can register a Trademark identical or similar to yours before you, thus making you the imitator.
5. You could be the defendant for copying, you will no longer be able to use your brand, and you could be fine, confiscate your assets and even close your business.
6. All of the above will only represent a reduction in income, immediate losses, and heavy legal defense expenses. 

Benefits of Trademark Registration:

1. Only the owner of the brand can make use of it and exploit it commercially.
2. The risk of misuse, copying, or imitation is significantly reduce.
3. Some legal action can taken against imitators and misuses.
4. The risk of an identical or similar trademark being use and registere by an outsider or competitor is avoide.
5. Risks of fines, confiscations, and closures are avoide.
6. If the brand generates some value, the owner of the brand will be the beneficiary.
7. Investment in advertising will always be a long-term investment.

Conclusion:

Registration is not a simple government procedure like obtaining a passport or a birth certificate. It is a process governe by specialize laws, regulations, and international treaties. The advice of The Phoenix Trademark Attorney is essential to avoid risking your money.