Working at the UK’s Intellectual Property Office (IPO), a trade mark examiner assesses whether an application for a trade mark registration meets legal requirements.
See also our entries about formalities examiners and patent examiners.
Last Updated: November 1, 2024
A trade mark examiner assesses whether an application to register a trade mark meets legal requirements. They have to search for existing trade mark registrations that might prevent registration of the new mark. They also have to consider whether the new mark is distinctive enough or whether instead it should be available for anyone to use. After making a decision on this, they’ll communicate it, with reasons, to the applicant (the person applying to register the trade mark) or their representative (typically a Chartered Trade Mark Attorney).
If an applicant or attorney disagrees with their decision, sometimes the examiner will need to analyse legal arguments and apply case law to decide if their initial objections should be waived.
Trade mark examiners work at the Intellectual Property Office, which is the government department that officially recognises trade marks and other intellectual property in the UK.
You need an analytical mind and the ability to communicate clearly and accurately in written reports. There’s also a good deal of customer service involved in dealing with applicants.
You do not need any formal qualifications, but you do need to have strong written communication and research skills. You also need to pass an online Civil Service Judgement Test.
When you start, you have a 3-month formal training programme. After that, your training continues on the job.
The training and professional development never lets up, as you have to stay on top of changes to trade mark law. This also helps you climb the career ladder to become a senior trade mark examiner or head into other management roles. You may even end up conducting formal hearings (when a decision is challenged).
IPO examiners have to take responsibility for their own work and, within a larger team, are left to work independently. As these are public sector roles, they offer a good deal of flexibility about working hours and patterns. Best of all, though, is the satisfaction of being able to grant registrations to people and businesses to acknowledge ownership of their intellectual property.
It can be tough to stay up to date with legal changes as new cases set new standards all the time. Sometimes this can require difficult judgements, to make well-reasoned decisions that you’re prepared to stand by and justify.
Also, it’s not easy if you have to deliver bad news to an applicant about whether their trade mark can be registered – especially if they disagree with you!
The Civil Service Jobs website lists vacancies as they crop up, but the IPO also runs an annual recruitment cycle which starts in early September: check the IPO website for details.