Trade mark agent information
From 1 April 2017, all new trade mark applications/submissions must be carried out by a registered trade mark agent (unless the application/submission is undertaken by the proprietor of the trade mark themselves).
Persons authorised to deal with the maintenance of a trade mark registered prior to 1 April 2017 are able to continue to act in relation to those registrations, even if they are not a registered trade mark agent.
Trade mark agents are registered under The Trade Marks (Register of Trade Mark Agents) Regulations, 2017.
A person who wishes to register as a trade mark agent must have a permanent establishment within the Bailiwick of Guernsey and must be a 'qualifying person' under the regulations.
'Qualifying persons' are as follows:
- An Advocate of the Royal Court of Guernsey
- A member of the Bar of England and Wales, the Bar of Northern Ireland or the Faculty of Advocates in Scotland
- A solicitor of the Senior Courts of England and Wales, of the Court of Judicature of Northern Ireland, or in Scotland
- A person entered on the register of Patent or Trade Mark Attorneys under the Copyright, Designs and Patents Act 1988
- A director, manager or other similar officer of a Corporate Service Provider (as described in The Companies (Guernsey) Law, 2008) who has a qualification as stated in s.2(5)(e) of The Trade Marks (Register of Trade Mark Agents) Regulations 2017
- A person whose name is entered on the list of professional representatives for trademarks and designs maintained by the EUIPO
- Such person, who by reason that person's of qualifications or experience, the Committee, after consultation with the Registrar, determines to be a fit and proper person to act as a registered trade mark agent.
How to apply to become an agent
To apply to become a registered trade mark agent you will need to complete an application form and return it to the IPO with the relevant fee.
The application form, and fee schedule, are available here: IP Agent forms & fee schedule.