Regulation of Trade Mark Agents
The agent register
This domain tests the statutory regulation of trade mark agents. The Controller maintains a register of trade mark agents. Registration requires the prescribed qualification and training, and continued registration depends on compliance with the Act and Rules. Only registered persons may describe themselves as a registered trade mark agent; misuse of the title is an offence. Registered agents may act for clients before the Office.
Privilege and conduct
Communications between a registered trade mark agent and a client are privileged in the same way as solicitor communications in proceedings relating to trade marks. The privilege belongs to the client and is not lost merely because the agent is not a solicitor. Agents must avoid conflicts, keep client money and records properly, and not misrepresent their status. Removal from the register can follow misconduct or failure to pay fees.
Worked example
A consultant who is not on the register advertises as a registered trade mark agent and files applications for clients. The Controller can prosecute the use of the title; the consultant cannot claim agent privilege over client communications. The client's filing may still be valid, but the consultant's conduct is regulated and can be restrained.
Traps
Do not confuse patent agents and trade mark agents. Do not assume a foreign or EU qualification automatically entitles registration in Ireland. Do not treat ordinary confidentiality as litigation privilege. Do not let an unregistered person sign or describe themselves as a registered agent.