Trademark attorney

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Trademark attorney is a job title that is used for various professional groups. It is used by patent attorneys as well as attorneys , in particular by attorneys specializing in commercial legal protection , as an indication of legal advisory competence in the field of trademark law . While patent attorneys are not allowed to lead trademark disputes before the ordinary courts, both patent attorneys and lawyers are authorized to appear in the various official proceedings before the DPMA for the registration or deletion of trademarks.

The designation as a specialist lawyer for trademark law can be misleading if it describes a special competence that does not actually exist. In the past, wrong designations of specialist lawyers have caused confusion. For example, the Hamburg Regional Court has classified lawyer advertising with the title “Specialist in Trademark Law” or “Specialist Attorney: Trademark Law” as misleading advertising and declared it inadmissible. There is no "specialist lawyer for trademark law" in Germany.

Individual evidence

  1. Hamburg Regional Court, rulings of March 17, 2009 - 312 O 142/09 - and of March 13, 2009 - 312 O 128/09 -