 The Role of Trade Marks Attorneys
Australia’s trademarks attorneys - registered to practice under Australian Federal legislation and subject to the disciplinary control of a Tribunal established by Federal regulations - help clients protect and exploit their trade marks and associated rights.
Trade marks attorneys:
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Hold tertiary qualifications and are trained in laws relating to trademarks
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Have some understanding of laws relating to patents, designs, copyright, trade practices, circuit layouts, plant breeders’ rights and confidential information.
They can help clients:
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Apply for and secure trade marks registrations in Australia and overseas
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By advising on use and registration of trade marks
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By assisting in licensing and assignment of trade marks
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By conducting trade mark litigation 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
It is not necessary to be registered to practice in trade marks. However, there is a Register of Trade Marks Attorneys. Only those on the Register are entitled to call themselves a 'trade marks attorney' or 'trade marks agent', and to enjoy the rights such as professional privilege (without which clients' rights might 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.
Click here to see Prescribed Subject Groups you require. The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) is the peak professional body representing Australian patent and trade mark attorneys.
Phone Australia: 03 9819 2004. Email: mail@ipta.org.au
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