Institute of Trademark Attorneys Order set to come into force

The Institute of Trademark Attorneys Order 2005 has now passed through both Houses of Parliament and is set to come into effect on April 1 2005. The order gives the Institute of Trademark Attorneys the ability to grant Trademark and Design Litigator certificates to members who fulfil the requirements. Those attorneys who have been granted such certificates will be able to conduct litigation in the High Court and county courts in relation to trademark, design and passing off matters.

This development should lead to lower levels of cost. At present, trademark attorneys cannot bring cases before the courts but must instruct solicitors. This adds an extra layer of cost and may have prevented some clients from taking action to protect their trademarks from infringement. It is hoped that the order will ease this situation.

Aaron Wood, Hammonds, London