Qualifications

The qualifications for registration as a trade marks attorneys are prescribed in the Trade Marks Act 1995 and the Trade Marks Regulations 1995 . The Trade Marks Regulations provide for some cross-referencing to the Patents Regulations 1991 for detail on the subject matter required in topic groups.

To apply to become a trade marks attorney, you must meet the following requirements.

Technical

• passed (or been exempted from) the four prescribed topic groups (see below – Topic Groups A,B,C & D).

Academic

• hold a degree, diploma, advanced diploma or graduate diploma under the Australian Qualification Framework that is in any field of study and awarded by a body in the Higher Education Sector.

Personal

• be of good fame, integrity or character
• not have been convicted within the past five years of offences against Patents, Trade Marks and Designs legislation

Note: The Board no longer conducts examinations (last examinations were held in October 2004). Tertiary institutions now provide accredited courses, including those in the topic groups previously examined by the Board.

Technical requirements

The technical qualifications required for registration as a trade marks attorney are prescribed in Regulation 20.1 of the Trade Marks Regulations.

Basically, you need to pass a Board-accredited course of study at an appropriate institution including the subject matter in specified topic groups (or been exempted from one or more topic groups).

The four topic groups prescribed for registration as a trade marks attorney in Schedule 5 of the Patent Regulations are:

• A Legal Process and Overview of Intellectual Property
• B Professional Conduct
• C Trade Mark Law
• D Trade Mark Practice

Satisfying requirements

You may meet the technical requirements by:

• satisfying the requirements of an accredited course of study conducted by an appropriate tertiary institution.
• completing particular units of an accredited course of study conducted by an appropriate tertiary institution where that unit equates to the subject matter in a specified topic group.
• obtaining from the Board exemptions on the basis of a course of study that is the same as, or similar to, the topic groups prescribed.

The course of study should give you an appropriate level of:

• knowledge and practical application so as to give advice about applicable categories of protection for particular activities;
• appreciation of the advantages of each form of protection for clients;
• understanding of how to get and maintain appropriate protection for clients; and
• an understanding of the required standard of professional conduct.

Academic requirements

• a degree, diploma, advanced diploma or graduate diploma under the Australian Qualifications Framework in any field of study;
• awarded by a body, in the Higher Education Sector, that is authorised to award a degree, diploma, advanced diploma or graduate diploma of that kind;
• a degree, diploma advanced diploma or graduate diploma awarded by an overseas education institution and equivalent to an award mentioned above.

Board approval

• reasonably believe that the course is (or is equivalent to) a degree, diploma or post graduate award in the Australian Higher Education Sector as defined under the Australian Qualifications Framework.
• be reasonably satisfied that the person holds the qualification.

Applications may be made to the Secretary of the Board at any time.

The Board considers applications for approval of academic qualifications at meetings held during the year. See What’s New for meeting dates)

The Secretary will take applications for consideration at these meetings up until a month before the next meeting date.

Personal requirements

• be of good fame, integrity and character;
• not have been convicted of a prescribed offence during the past five years; and
• not be under sentence of imprisonment for a prescribed offence.

• a conviction for a prescribed offence is a conviction of an offence against the patents, trade marks or designs acts; and
• a sentence for a prescribed offence is an offence for dishonesty for which the maximum penalty is imprisonment for at least two years.

References to a conviction of an offence include reference to the making of an order under Section 19(B) of the Crimes Act 1914, or the corresponding provisions in the laws of the State or Territory, in relation to the offence.

In summary:

To apply to become a trade marks attorney, you must:

• have a pass in topic groups A,B,C,D;
• hold a degree, diploma etc under the Australian Qualification Framework awarded by a body in the Higher Education Sector or a similar qualification an equivalent overseas education institution;
• be of good fame, integrity and character;
• not have been convicted of any prescribed offences.

Application cost is $150.