UK trademark attorney salaries continue to rise despite Brexit uncertainty

• Recruitment company publishes 2019 industry salary guide for IP attorneys
• Trademark attorney base salaries rise, biggest uplift seen at senior level
• Corporate salaries – which are traditionally lower – are closing the gap

New research has revealed that base salaries have risen across the board for UK IP roles, including trademark attorneys and administrators. The news will be positively received by those toiling in the trademark trenches while bracing themselves for the possible negative economic impact of Brexit. 

Each year, recruitment company Dawn Ellmore Employment publishes an Employment Salary Guide, presenting the range of salaries offered in the UK for patent and trademark attorneys. The dataset draws on interactions with job seekers who have experience working in the intellectual property industry, as well as access to industry vacancies. In terms of the three-year picture for trademark attorney salaries, this is reported as follows:

	2017 range	2018 range	2019 range
Trainee trademark attorney	£24,000 – £29,000	£25,000 – £29,000	£25,000 – £32,000
Part qualified trademark attorney	£29,000 – £38,000	£29,000 – £38,000	£32,000 – £43,000
Newly qualified trademark attorney	£44,000 – £55,000	£42,000 – £55,000	£44,000 – £57,000
Qualified trademark attorney with 1-4 years’ post-qualified experience (PQE)	£55,000 – £73,000	£55,000 – £73,000	£52,000 – £78,000
Qualified trademark attorney with 5+ years’ PQE	£75,000+	£75,000+	£77,500+
Partner level/head of department	£90,000+	£90,000+	£93,500+

The higher increases are at the top level, with partners and director-level trademark attorneys seeing an increase of at least £3,500, while qualified trademark attorneys with four years’ experience can expect to earn up to £5,000 more.

At that higher end, trademark attorneys are earning at a lower level than their patent counterparts (a patent attorney at partner level can expect to earn £98,000+ this year, while those with 5+years’ experience can expect £85,000.  However, while still often earning less in real terms (a trainee patent attorney can expect to earn between £27,000 – £35,000 this year, versus £25,000 – £32,000 for trainee trademark attorneys), the year on year increase is higher at the lower level trademark positions than for patent attorneys.

Turning to management and support staff, the picture was also broadly one of increases year–on–year, particularly outside London.

Patent/trademark paralegal:

	2018 range	2019 range	2018 range	2019 range
	London	London	Regional	Regional
1-3 years’ experience	£25,000 – £40,000	£25,000 – £40,00	£20,000 – £26,000	£20,000 – £25,000
3-5 years’ experience	£40,000 – £45,000	£38,000 – £48,000	£25,000 – £31,000	£25,000 – £35,000
5+ years’ experience	£45,000+	£40,000 – £54,000	£30,000 – £40,000+	£30,000 – £50,000

Patent/trademark administrator:

	2018 range	2019 range	2018 range	2019 range
	London	London	Regional	Regional
1-3 years’ experience	£25,000 – £33,000	£23,000 – £34,000	£23,000 – £28,000	£23,000 – £30,000
3-5 years’ experience	£35,000 – £40,000	£35,000 – £42,000	£27,000 – £35,000	£27,000 – £37,000
5+ years’ experience	£40,000 – £45,000	£38,000 – £47,000	£35,000+	£30,000 – £45,000

The above, of course, excludes company benefits, and paints a positive picture for those in (and entering) the industry. As to why this may be the case, Dawn Ellmore, director of the patents & trademarks division at the recruitment company, told WTR: “The trademark industry does seem to be going through a prolonged period of prosperity, which is great news. We think this may be fuelled by the increasing coverage trademarks are getting on social media and in the digital press, putting them at the forefront of people’s minds – it seems that barely a day goes by without a celebrity getting into a trademark dispute for some reason or other. People are more aware than ever of trademarks and the impact they can have on a business. We can see no reason for this not to continue in the coming year.”

Of course, potential storm clouds are gathering. The UK is due to exit from the European Union on 31 October 2019 and – as things stand – UK trademark attorneys will lose the right to represent clients before the EUIPO. Back in 2016, the Institute of Trademark Attorneyswarned that “a big percentage of the EU trademark and design work currently undertaken by the UK profession, including a large volume instructed from overseas, would move to attorneys within the rest of the EU” should that be the case.

In the time since that warning was issued, little progress has seemingly been made on the issue. And, with the UKIPO ready to grant an equivalent UK right to all holders of registered EU trademarks and registered community designs when the UK leaves, the expected immediate bump in UK work once exit happens has been lessened. Looking ahead, though, Ellmore accentuates the positive, stating: “We’re hopeful that any impact Brexit has will be minimal – we’ve certainly seen no real evidence of an impact in the period since the result of the referendum was announced.”

Time will tell just how much of an impact Brexit has on the finances of attorney firms but, for now, the trend for salaries is upward. Interestingly, Ellmore notes that this is similarly the case in the corporate environment. “Traditionally, salaries for in-house roles have been lower than those for corresponding jobs in private practice, with this often being balanced out by a better benefits package and other perks. We have, however, seen an increase in examples where in-house roles are offering base salaries comparable to those in law firms, particularly for senior level positions.”

For now, then, the picture appears to be positive across the board.