Subjects 2009
Trade Mark Practice 730883
- Credited Courses: Graduate Diploma in Intellectual Property Law 276; Master of Commercial Law 504; Master of Intellectual Property Law 277; Master of Laws (LLM) 502
Prerequisite
Successful completion of Trade Marks and Unfair Competition or appropriate practical experience.
Objectives
A student who has successfully completed this subject should:
- Understand the practices and procedures for obtaining and maintaining the registration of a trade mark under the Australian Trade Marks Act 1995 (Cth)
- Have the ability to apply for, prosecute and maintain the registration of a trade mark under the Trade Marks Act 1995 (Cth)
- Have the ability to oppose or defend opposition to the registration of a trade mark
- Understand the principles of international registration of trade marks
- Understand the rights, privileges and responsibilities of a patent or trade mark attorney.
Syllabus
The emphasis of this subject is upon the documentation and procedures involved and the relevant practice of the Australian Trade Marks Office.
Principal topics will include:
- The Trade Marks Office, the Trade Marks Register and the Official Journal of Trade Marks
- Determining the availability of a trade mark for use and registration; searching the Trade Marks Office database; other search options
- Applications for registration, including Madrid Protocol, Convention, divisional and series applications
- Examination and acceptance of applications
- Opposition to registration
- Amendment of applications and other documents
- Obtaining registration and renewal of registration
- Obtaining extensions of time
- Special procedures relating to collective, certification and defensive trade mark applications
- International Conventions and initiatives, and protecting trade marks in foreign countries
- The rights, privileges and responsibilities of a patent or trade mark attorney.
