Australia’s trade marks attorneys are registered to practice under Australian Commonwealth legislation, namely the Trade Marks Act 1995 (Cth) and Trade Marks Regulations 1995 (Cth). They are subject to the disciplinary control of the Professional Standards Board. There is an official Australian Register of Trade Marks Attorneys which can be found by clicking here.
Trade marks attorneys:
- Generally hold tertiary qualifications and are trained in laws and practice relating to trade marks; and
- Have some understanding of laws relating to other forms of intellectual property, for example, patents, designs, copyright, trade practices, domain names, circuit layouts, plant breeder’s rights and confidential information.
They can help clients:
- Apply for and obtain trade mark protection or registration in Australia and overseas;
By advising on use and registration of trade marks
By assisting in licensing and assignment of trade marks; and
By assisting in the enforcement of trade mark rights in Australia and overseas
All registered Australian patent attorneys are qualified for registration as trade marks attorneys, and can apply to join the Register of Trade Marks Attorneys
Australia’s registered trade marks attorneys have the right of privilege in their communication with clients on intellectual property matters.
Requirements to Register as a Trade Marks Attorney
While it is not necessary to be registered to practice in the area of trade marks, only those persons on the official Register of Trade Marks Attorneys are entitled to call themselves a ‘trade marks attorney’ or ‘trade marks agent’, and to enjoy the rights such as professional privilege (without which a client’s rights may be adversely affected).
In order to become a registered trade marks attorney, a person must have a degree or diploma or post graduate qualification, and have passed (or be exempted from) examinations in four subject groups.
Intending candidates may ascertain whether their qualifications meet the requirements of the Regulations, by making an application to the Professional Standards Board for Patent and Trade Marks Attorneys.
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