how to become a trademark attorney in australia

by Prof. Antonia Ritchie 10 min read

In order to become a registered patent attorney, the applicant must have a degree, diploma or post graduate qualification in a field of potentially patentable subject matter, have passed (or been exempted from) examinations (in nine prescribed subject topics) or have passed an accredited course of study that satisfies the requirements for registration and be an ordinary resident of Australia.

In order to become a registered patent attorney, the applicant must have a degree, diploma or post graduate qualification in a field of potentially patentable subject matter, have passed (or been exempted from) examinations (in nine prescribed subject topics) or have passed an accredited course of study that satisfies ...

Full Answer

Do you have what it takes to become a trade mark attorney?

To become a trade mark attorney, one must have: a Level 5 Australian Qualification Framework (AQF) qualification (Diploma level) or higher; or; an overseas qualification that the Board deems equivalent to a Level 5 AQF qualification; While it is not a requirement, a degree in law may be beneficial in the practise of trade marks attorneys.

What does an Australian trade mark attorney do?

Become a registered attorney. There are more than 1300 trade marks and patent attorneys registered in Australia. The Trans-Tasman IP Attorneys Board (the Board) maintains the legislative regimes and standards that attorneys must meet if they wish to be registered. The Secretariat role for the Board is taken care of by IP Australia staff.

Can I register as a patent attorney and a Trade Marks attorney?

Nov 06, 2017 · A registered trade mark attorney must be registered on the official Register of Trade Mark Attorneys; Becoming a registered trade mark attorney, requires the requisite academic and knowledge requirements to be recognised and qualify as a person with expert skills and professional standards in the field

How do I become an Australian patent attorney?

How do you become an Australian patent attorney? As regulated by the Patents Act 1990, to register as an Australian Patent Attorney, you must satisfy the following requirements: complete higher education studies in engineering, science or another field that relates to potentially patentable subject matter;

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How do you become a trademark attorney?

One can enroll as an advocate in any of the State Bar Council, after obtaining their LLB degree. The attorney must be registered to practice trademark laws before the IPAB (Intellectual Property Appellate Board) of the Trademark office and must also be registered to practice law in at least one of the states in India.Sep 16, 2017

Is a trademark attorney a lawyer?

A Chartered Trade Mark Attorney is a lawyer who is specifically qualified to advise on trade mark law and acts as an agent for the purposes of applying for and obtaining trade mark registrations.

How do I become an intellectual property lawyer in Australia?

To become a patent attorney in most countries, including Australia, you must first obtain a technical undergraduate degree in a field of engineering or science. Then, you need to obtain relevant qualifications and experience in intellectual property law.

What is a trade mark attorney Australia?

An Australian trade mark attorney represents and advises clients regarding trade mark matters, such as trade mark searches, filing, registration, preparation of assignment documents, and enforcement in Australia and overseas, including international applications in target foreign markets and global applications through ...

Is it hard to become a trademark attorney?

Getting qualified You need to take two postgraduate qualifications and fulfil at least two years of on the job training in order to qualify. It will be an intensive couple of years. Once qualified, you will be on the Register of Trade Mark Attorneys, and can apply to CITMA to become a Chartered Trade Mark Attorney.

Who can trademark attorney?

Who is qualified to become a Trademark Attorney in India? Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148.

Is a patent attorney a lawyer in Australia?

The Registered Patent Attorney Although we are often mistaken for Lawyers, in Australia the Patent Attorney and legal professions are separate (the word “Attorney” means a representative – its original meaning before television convinced most people otherwise).

How many law graduates become lawyers Australia?

The total law graduate numbers have now been compiled. In 2015, statistics published in the Australian Financial Review indicated that the employment prospects for law graduates were grim – with almost 15,000 law graduates entering a jobs market of just 66,000 solicitors.

Can you become a patent attorney with a law degree?

Yes. However, you do not need a law degree to become a patent attorney. Patent attorneys are a specialist type of lawyer monitored by their own regulator, IPReg. The role of a patent attorney involves advising clients on those areas of law applicable to intellectual property.

What are two requirements for a trademark to be registrable in Australia?

To be registrable, your trademark must meet 2 major requirements:No conflict with existing trademarks. Your trademark must not conflict with pre-existing registered (or unregistered) trademarks. ... Sufficiently distinctive.

How do I register as a trademark agent?

How does one become trademark agent in India? One can become a trademark agent by passing the qualifying examination i.e., the Trademark Agent Examination conducted under by the Trademark Registry under the Trade Marks Act 1999.May 12, 2016

How do you become a patent officer?

Who is a patent agent?Be a citizen of India;Have completed the age of 21 years;Have obtained a degree in science, engineering or technology from any University established under law for the time being in force in the territory of India.Have passed the qualifying exam prescribed for the purpose.Aug 25, 2016

Registration Requirements For Patent Attorneys and Trade Marks Attorneys

  • There are essential conditions to be attained when seeking registration with the Trans-Tasman IP Attorneys Board (the Board) including qualification, knowledge, personal, employment, and skill.
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Academic Qualifications

  • The Australian Qualification Framework (AQF ) is a unified system of national qualifications in schools, vocational education and training (TAFEs and private providers) and the higher education sector (mainly universities). The New Zealand Qualifications Framework (NZQF) is similar to the AQF.
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Knowledge Requirements

  • Knowledge requirements for patent attorneys
    An applicant cannot be registered as a patent attorney unless the Board is satisfied that an applicant has the ‘knowledge of intellectual property (IP) law and practice that is required for a person to practise as a patent attorney’. These guidelines set out: 1. knowledge requirements: s…
  • Summary of satisfying the knowledge requirements
    In summary, the knowledge requirements may be satisfied by: 1. Completing an accredited course or courses of study to satisfy some or all the requirements of Schedule 5 (the nine topic groups). Passes in accredited courses remain valid for 10 years. 2. Obtaining an exemption for some or a…
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Personal Requirements

  • Section 198 of the Patents Act 1990provides that you must: 1. be of good fame, integrity and character 2. not have been convicted of a prescribed offence during the past five years 3. not be under sentence of imprisonment for a prescribed offence. Regulation 20.12 of the Patents Regulations 1991 lists the prescribed offences for patent attorneys, whilst regulation 20.3 of th…
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Employment Requirements For Patent Attorneys

  • For registration as a patent attorney, a person must have been employed in a position or positions that provide experience in: 1. searching patent records 2. preparing, filing and prosecuting patent applications 3. drafting patent specifications 4. providing advice on the interpretation, validity and infringement of patents The person must also have been employed in the position or positions f…
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Statement of Skill For Patent Attorneys

  • A statement of skill is a statement by a registered patent attorney that, in the opinion of that registered patent attorney, the person concerned has experience in one or more of the necessary skills. The registered patent attorney must have at least five years post-registration experience prior to the period covered by the statement. There may be several statements of skill issued by …
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Role of The Designated Manager

  • The Designated Manager must enter a person’s name on the Register of Patent Attorneys if that person satisfies the requirements of section 198 of the Patents Act 1991. One of the conditions in section 198 relates to employment. Regulation 20.10 of the Patents Regulations 1990provides that an applicant must have been employed in a position or positions that provide experience in …
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