Benefits of registration

By registering as a trade marks attorney, you enter a profession of trusted IP experts with high professional standards.

What is a trade marks attorney?

Trade marks attorneys are intellectual property experts with in-depth knowledge of trade marks law and practice in Australia. They help clients protect trade marks in Australia and internationally. They also help clients maximise the value of their intellectual property to grow their businesses.

Trade marks attorneys are trusted advisers who are held to high professional standards and required to keep up to date with developments in a constantly evolving field. They're bound by strict ethical standards set out in a comprehensive code of conduct.

While trade marks attorneys don't have to be lawyers, the qualifications are complementary and many people become both.

Right to title

Under the Trade Marks Act 1995, only registered trade marks attorneys can use the title ‘trade marks attorney’. Registered trade marks attorneys, along with patent attorneys and lawyers, can also use the title ‘trade marks agent’.

The title of trade marks attorney shows clients that you are an expert who can be trusted to provide quality services.

Right to practise

A registered trade marks attorney can do everything set out in the Trade Marks Act. This includes:

• Applying for or obtaining trade marks in Australia or anywhere else;
• Preparing trade marks applications or other documents for the purpose of the Trade Marks Act or the trade marks law of another country;
• Giving advice (other than advice of a scientific or technical nature) about the validity, or infringement. of trade marks.

You don't need to be a registered trade marks attorney to file trade marks for others. However, if you aren't a registered trade marks attorney, patent attorney or lawyer, you may commit an offence if you provide legal advice relating to trade marks.

Registration as a trade marks attorney doesn't allow you to:

• Prepare documents to be issued from or filed in courts

• Transact business or conduct proceedings in a court.

Other benefits

Privileged communications

Communications, records and documents made by registered trade marks attorneys to provide intellectual property advice to a client are privileged the same way as a lawyer providing legal advice to a client.

Lien

Registered trade marks attorneys have the same right of lien over client documents and property as solicitors.

Professional membership

Trade marks attorneys are a recognised profession in Australia. The profession is supported by us, and we maintain the standards for entry and professional conduct. You can also join professional organisations such as the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), which provide members with useful information, professional development and networking opportunities.