The role of Australian trade mark attorneys is both legal and technical in nature. Trade mark attorneys ensure that trade mark applications lodged to IP Australia meet the requirements of the Trade Marks Act 1995 (Cth) and the Trade Marks Regulations 1995. In addition, trade mark attorneys should have the skills and knowledge to conduct effective trade mark searches based on client goals, such as trade mark clearance, infringement check, or freedom to operate searches.
Australian trade mark attorneys maintain trade marks for clients throughout the lifetime of the registrations. To be a trade mark attorney, candidates must have the qualifications in order to have the privilege to practise in Australia.
- Help you develop trade mark strategies that befits your portfolio and commercial goals, as well as, help you maintain your trade mark portfolio.
- Assist you in investigating potential obstacles of the application by performing effective trade mark searches for your proposed trade marks and provide you with advice on addressing the identified issues.
- Advise you on selecting and deciding your trade marks
- Help you identify all the relevant classes of goods and services and define appropriate scope of protection for your trade mark application
- Conduct prosecution and prepare trade mark applications for filing to IP Australia.
- Help facilitate trade mark protection outside of Australia, such as New Zealand, US or other jurisdictions.
- Act on your behalf in brand protection matters, such as in trade mark oppositions, disputes and enforcement actions.
- Analyse any objections, should these be raise by the Examiner, and assist you in addressing them.
- Assist you in opposition proceedings, should your trade mark application be opposed by a third party.
- Review your trade mark application and correct errors to the extent which is allowable under the Trade Mark Regulations 1995, or assist you on refiling your application, in the event that you have an application filed by yourself, or any person without a professional training and mistakes occur as a result.