Before applying to the Designated Manager to become a registered trade marks attorney, make sure you seek approval from the Board to confirm you meet the eligibility criteria.
- Hold appropriate academic qualifications
- Demonstrate knowledge of IP, including trade marks law and practice
- Demonstrate integrity and good character
Academic qualifications
When applying for registration, you will need to provide the Designated Manager with evidence from the Board that you have met the qualification requirements.
When applying to the Board for approval of your qualifications, the Board will require a qualification at the diploma level or higher. The level of your qualifications is assessed against the Australian Qualifications Framework (AQF).
Your qualification does not have to relate to intellectual property or be in a specific field.
The Secretary to the Board has delegation to approve your application for approval of Trade Marks qualifications
Knowledge requirements
When applying for registration, you will need to provide the Designated Manager with evidence from the Board that you have the knowledge of IP Law and Practice.
When applying to the Board to have your knowledge requirements approved, the Board will need to assess your knowledge by way of completed course/s of study detailing the knowledge of Australian intellectual property law and practice that is required to practise as a trade marks attorney.
Courses need to include an appropriate level of:
- Knowledge required to give advice about protection of intellectual property.
- Appreciation of the advantages of each form of protection for a client.
- Understanding of how to get and maintain appropriate protection for a client.
- Understanding of the required standard of professional conduct.
You can meet the knowledge requirements by:
- Satisfactorily completing Board accredited courses of study.
- Applying and gaining approval for exemption/s from the Board for course/s of study you have completed outside the non-accredited courses that have been approved by the Board.
How to apply for approval of knowledge requirements:
- Accredited courses - Submit the approval of knowledge requirements application form to the Board along with academic transcript/s from accredited courses of study. Noting that you have 10 years from the first course completed to apply to the Designated Manager for registration.
- Non-accredited courses - Before submitting your application for approval of knowledge requirements to the Board, you will need to submit any applications for exemptions for any non-accredited courses of study you have completed for the Board to consider. This involves:
- completing the exemption form/s
- providing the academic transcript/s and course outlines about non-accredited courses of study you have completed that cover the required content listed within the exemption forms. Any exemptions granted by the Board have a validity of 5 years, in which you need to apply to the Designated Manager to seek registration as a Trade Marks Attorney.
The Secretary to the Board has delegation to approve your application for approval of Trade Marks knowledge requirements.
The Board has established a curriculum of studies that meets the minimum knowledge requirements of the Trade Marks Regulations 1995.
The curriculum consists of 4 topic groups, which together cover the required content to prepare students to practise as an Australian trade marks attorneys.
The groups are:
- A1 - Legal Process and A2 - Overview of Intellectual Property
Australian legal system and how intellectual property rights may be protected.
- B - Professional Conduct
Rights, privileges and responsibilities of a trade marks attorney.
- C – Trade Marks Law
Principles of trade marks and the trade marks system in Australia and New Zealand
- D – Trade Marks Practice
Prosecution and maintenance of trade marks application in Australia and in other countries.
The following universities are currently offering Board accredited courses:
- University of Auckland
- University of Melbourne
- University of Technology Sydney (UTS)
- Victoria University of Wellington (VUW).
You have 10 years from the date of completing the first subject to seek approval of knowledge requirement from the Board and apply for registration with the Designated Manager.
Australia
University of Melbourne
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP |
Australian Legal Process and Legal Institutions [ALPLI]* or Fundamental of Common Law [LAWS70217] AND Overview of Intellectual Property (OIP) or Fundamentals of Intellectual Property [LAWS90125] |
7 Apr 2020 - 7 Apr 2025 |
| B: Professional Conduct and D: Trade Marks Practice |
Trade Marks Practice [LAWS90035] | 7 Apr 2020 - 7 Apr 2025 |
| C: Trade Marks Law | Trade Marks and Unfair Competition [LAWS70046] | 7 Apr 2020 - 7 Apr 2025 |
University of Technology, Sydney
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP and B: Professional Conduct |
Preparing for Intellectual Property Practice [77905] | 23 Mar 2018 - 23 Mar 2028 |
| C: Trade Marks Law | Trade Marks Law [77889] | 23 Mar 2018 - 23 Mar 2028 |
| D: Trade Marks Practice | Trade Marks Practice [77890] | 23 Mar 2018 - 23 Mar 2028 |
New Zealand
University of Auckland
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
|
A1: Legal Process and |
Intellectual Property and Practice [LAWCOMM 772] |
18 Nov 2021 - 18 Nov 2026 |
| C: Trade Marks Law | Trade Marks and Related Rights [LAWCOMM 796] | 18 Nov 2021 - 18 Nov 2026 |
| D: Trade Marks Practice | Trade Marks Practice [LAWCOMM 782] |
30 Nov 2023 - 30 Nov 2028 |
Victoria University of Wellington
| Topic Group(s) | Currently offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process | Legal Systems & Sources of Law [LAWS 552] | 6 Dec 2022 - 6 Dec 2027 |
| A2: Overview of IP | NZ & Australian IP Law [LAWS 551] | 6 Dec 2022 - 6 Dec 2027 |
| C: Trade Marks Law | Trade marks Law and Unfair Competition [LAWS 536] | 6 Dec 2022 - 6 Dec 2027 |
Previously offered accredited courses
The following universities previously offered Board accredited courses:
- Monash University
- Queensland University of Technology (QUT)
- University of Melbourne
- University of Technology Sydney (UTS).
These accredited courses are valid for 10 years from the date of completion. You need to have completed the courses within the indicated timeframes stated to gain approval of knowledge requirement and apply for registration.
Victoria University of Wellington
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A2: Overview of IP | New Zealand and Australian Intellectual Property Law [LAWS 551] |
5 Jan 2017 - |
| C: Trade Marks Law | Trade Mark Law and Unfair Competition [LAWS 536] |
5 Jan 2017 - |
Monash University
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process | LAW5080 - Australian Legal System | 9 Sep 2014 - 1 Dec 2019 |
| A1: Legal Process and B: Professional Conduct |
LAW7212 - Legal Process and Professional Conduct | 1 Jul 2011 - 1 Jul 2016 |
| A2: Overview of IP | LAW75340 - Intellectual Property | 9 Sep 2014 - 1 Dec 2019 |
| B: Professional Conduct | LAW5341 - Trade Mark Practice | 9 Sep 2014 - 1 Dec 2019 |
| C: Trade Marks Law | LAW5316 - Trade Marks and Commercial Designations | 9 Sep 2014 - 1 Dec 2019 |
| D: Trade Marks Practice | LAW5341 - Trade Mark Practice or LAW7224 - Trade Mark Practice | 9 Sep 2014 - 1 Dec 2019 |
Queensland University of Technology
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP |
LWN401 - General Introduction to Intellectual Property Law | 18 Sep 2013 - 21 Mar 2024 |
| C: Trade Marks Law | LWN404 - Trade Marks, Domain Names and Geographical Indications | 18 Sep 2013 - 21 Mar 2024 |
| D: Trade Marks Practice | LWN409 Trade Marks Practice | 16 Nov 2018 - 16 Nov 2023 |
University of Melbourne
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP |
Australian Legal Process and Legal Institutions [LAW7212] OR Fundamentals of Common Law [LAWS70217] OR Fundamentals of the Common Law – Int [LAWS70256] AND Overview of Intellectual Property |
9 Sep 2014 - 1 Dec 2019 AND 7 Apr 2020 - |
| B: Professional Conduct and D: Trade Marks Practice |
Trade Marks Practice [LAWS90035] |
27 Feb 2015 - AND 7 Apr 2020 - |
| C: Trade Marks Law |
Trade Marks and Unfair Competition [LAWS70046] |
9 Sep 2014 - AND 7 Apr 2020 - |
University of Technology, Sydney
| Topic Group(s) | Previously offered courses | Accredited dates |
|---|---|---|
| A1: Legal Process and A2: Overview of IP and B: Professional Conduct |
Legal Process and Intellectual Property [77896] AND Professional Conduct (IP) [77892] OR Preparing for Intellectual Property [77905] |
1 Dec 2011 - 1 Dec 2015 17 Jun 2015 - 17 Jun 2021 |
| C: Trade Marks Law | Trade Marks Law [77889] | 17 Jun 2015 - 17 Jun 2021 |
| D: Trade Marks Practice | Trade Marks Practice [77890] | 17 Jun 2015 - 17 Jun 2021 |
You can apply to the Board for an exemption if you have completed a non-accredited course of study within the last 7-10 years.
To approve an exemption, the Board must be satisfied that:
- You've passed the course of study
- The course has outcomes that are the same as, or similar to, those of a knowledge requirement for which the exemption is sought
To check whether your course of study has similar outcomes to the knowledge requirements referred to in Schedule 5 of the Patent Regulations 1991, the Board has published guidelines that detail the type of content required to have been completed with a topic group to be granted an exemption - curriculum of studies.
Please note that exemptions must be based on a course of study. The Board can't take work experience into consideration for an exemption application as per Schedule 5 of the Patent Regulations 1991.
If your application is approved, your exemption will be valid for 5 years. You will need to apply for registration with the Designated Manager prior to this exemption expiring.
Minor shortcomings
The Board will consider an exemption even if the course of study has not covered all the material listed in the curriculum of studies. However, the Board will not consider an application if there are significant gaps, or where an important topic has not been covered, as highlighted in the curriculum of studies guidelines.
An exemption can also be based on multiple courses of study if together they would cover the relevant material.
Older courses - Regulation 20.9(3)
The Board will normally only approve courses of study completed within the last 7 years. The Board can't grant exemptions for courses older than 10 years.
Courses between 7-10 years old can be considered on a case-by-case basis. The Board will not grant an exemption if the course content is no longer current. This would include where the law or relevant practices have changed significantly. This is less likely for topic groups where the content does not change much over time, such as knowledge of legal processes.
International courses
Exemptions may be granted based on courses of study completed in countries other than Australia. This is most likely for topic groups A1-Legal Process, A2-Overview of IP and B-Professional Conduct if the law and the legal institutions studied are similar to Australia.
C-Trade Marks Law and D-Trade Marks Practice require substantial Australian content. It is unlikely that exemptions would be approved for these topic groups based on international courses.
How to apply
To apply to the Board for an exemption, you'll need to download and complete the relevant form. Remembering that only courses of study completed within the past 10 years can be considered by the Board
Topic Group A1 - Legal Process - Application for Exemption
PDF | 2MB
Topic Group - A2 Overview of IP - Application for Exemption
PDF | 2MB
Topic Group B - Professional Conduct - Application for Exemption
PDF | 2MB
Topic Group C - Trade Marks Law- Application for Exemption
PDF | 2MB
Topic Group D - Trade Marks Practice - Application for Exemption
PDF | 2MB
You'll also need to provide:
-
A certified copy, or a link, to the official academic transcript for the course(s) the exemption is based on.
-
Supporting evidence such as course outlines from the year you studied the course(s).
Detailed information about what supporting documentation needs to be provided can be found in the relevant form.
Cut-off for applications is 8 weeks prior to a Board meeting. If you miss the submission deadline, your application will be submitted to the following meeting.
Personal requirements
To become a registered trade marks attorney, you must:
- Be of good fame, integrity and character
- Not have been convicted of a prescribed offence during the past 5 years
- Not be under a sentence of imprisonment for a prescribed offence
To demonstrate that you fulfil these requirements, you will need to provide:
- A declaration regarding the offences
- A declaration by another person regarding your good fame, integrity and character
These requirements, including the prescribed offences, are described in regulation 20.3 of the Trade Marks Regulations.
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