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What is the difference between a trademark agent and a trademark lawyer?

In Canada, both registered trademark agents and trademark lawyers can provide legal services related to trademarks provided they are licensed in Canada, but there are some important differences between them.

A registered trademark agent is a professional who is licensed by the College of Patent Agents and Trademark Agents in Canada (CPATA) to provide services related to trademarks, such as conducting trademark searches, preparing and filing trademark applications, and representing clients before the Trademarks Opposition Board. To become a trademark agent, an individual must pass a qualifying examination administered by CPATA and meet certain fitness to practice and experience requirements.

A registered trademark agent’s services are limited to representing a client before the Canadian Intellectual Property Office. In Canada, only registered trademark agents can represent a client before the Canadian Intellectual Property Office.

On the other hand, a trademark lawyer is a lawyer who is licensed by a provincial or territorial law society to practice law and provide legal services who provides services related to trademarks. Lawyers similarly have fitness to practice requirements. Lawyers are licensed to provide broader legal advice on intellectual property and trademark matters including representing clients in Court, preparing contracts, providing legal advice and legal opinions. A trademark agent cannot represent a client in Court and lawyers cannot represent a client before the Canadian Intellectual Property Office unless they are a registered trademark agent.

In general, trademark agents are more focused on the procedural aspects of trademark registration and maintenance, while trademark lawyers are able to provide more comprehensive legal advice and representation. However, both trademark agents and trademark lawyers can provide valuable services to clients seeking to protect and enforce their trademark rights in Canada in the areas in which they are licensed.

It is important to do your research when hiring a trademark lawyer as any lawyer can claim to be trademark lawyer. At Lomic Law our entire practice is focused on intellectual property including trademarks.

At Lomic Law all of our lawyers are both registered trademark agents and trademark lawyers. In addition, Paul Lomic is a Certified Specialist in Intellectual Property Law (Trademarks) by the Law Society of Ontario.

Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.


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