The Institute was set up in 1934 as the professional body to represent the interests of trade mark users as well as trade mark owners and trade mark practitioners. It was established in 1934 and, under the 1988 Patent Design and Copyright Act, was given responsibility for setting up and administering the Register of those licensed to practice as trade mark attorneys in the United Kingdom. The Register of Trade Mark Attorneys is now administered by the Intellectual Property Regulation Board, whose web site is www.ipreg.org.uk
Chronology
1875 - The first trade mark to be registered is the Bass Triangle, which is still in force.
1934 - Institute of Trade Mark Agents founded in London.
1938 - Introduction of The Trade Marks Act 1938 which remained in operation until 1994. This was the first "modern" trade marks act used as a model in many countries including the Republic of Ireland. However, it had many limitations. It was not until 1986 it became possible to register trade marks for services. Also, only certain words and picture marks could be protected.
1975 - Centenary of the first Trade Marks Act.
1986 - It becomes possible to register trade marks for services.
1988 - The Register of Trade Mark Agents is established and control and administration of the Register and the examination system is given to The Institute of Trade Mark Agents.
1994 - The Trade Marks Act 1994 permits registration of a wide variety of shapes and symbols such as containers and colours. Unfortunately there are commensurate drawbacks. The Act was designed to bring us in to line with Europe. Most European countries only recognise trade mark rights through registration. It is not possible to claim trade mark rights unless the mark is registered. Although our new Act continues to acknowledge that trade mark rights might be acquired through use, it is, with certain limited restrictions, the first applicant who will be granted registration of the trade mark. Therefore there are clear and powerful reasons for seeking trade mark registration under the 1994 Act.
1996 - The Community trade mark and International registration of trade marks under the Madrid Protocol come into force for the United Kingdom.
1999 - The Institute of Trade Mark Agents becomes The Institute of Trade Mark Attorneys to reflect the changing face and role of its membership.
2005 - Suitably qualified trade mark attorneys may be licensed by The Institute of Trade Mark Attorneys to practice as trade mark and design advocates and/or as trade mark and design litigators; Eric Ramage is licensed as one of the first ever trade mark and design advocate - litigators.
2010 - the Intellectual Property Regulation Board is set up under the Legal Services Act 2007 and takes control of the regulation of Trade Mark Attorneys and of the Register of Trade Mark Attorneys.
Registering your Mark in Europe
A Community Trade Mark provides protection by means of a single registration covering the whole of the European Union. This can be enforced in any one of the member states. Registration of a Community trade mark is granted by the "Office for the Harmonisation of the Internal Market (Trade Marks and Designs)" ("OHIM"). This is located in Alicante, Spain but appropriately qualified UK Attorneys may practice. Alexander Ramage Associates Trade Mark Attorneys are fully qualified to practice. Around twenty percent of Community Trade Mark Applications have come from the UK. An "International Registration" is not really a unified registration but an application deposited to seek protection in a number of nominated separate territories. It avoids the preparation and filing of separate applications in each country for which protection is required. An application for International Registration under the Madrid Protocol must be based on an application or registration secured in the country where the Applicant is domiciled. It must be deposited through that National Office accompanied by variable fees to cover all Official fees due to the national offices for the countries in which protection is claimed. Once deposited it is examined under the national laws applicable to the territories nominated.
