Registration is not compulsory for practice in trade mark matters. Anyone
has a right to submit trade mark applications on behalf of themselves or
However, only registered trade marks attorneys can legally practise as trade
marks attorneys and obtain the full range of functions available under the
Only registered trade marks attorneys are
permitted to describe themselves as trade marks attorneys.
Registration allows trade marks attorneys to claim a right
of privilege for communications with their clients and have a right of lien in certain
Please consult the Contact Officer for more information.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
The qualifications for registration
as a trade mark attorney include a mixture of knowledge, academic, personal,
employment, skill and residency requirements. To apply you must satisfy
specific topic group requirements through:
Accredited courses;Holding a degree, diploma or post graduate
qualification in any field of study from a higher education provider
specified in the Australian Qualifications Framework, or have the
- Being of good fame, integrity and character, not having
committed an offence under the legislation or be under a sentence of imprisonment
- Holding employment in positions relating to searching,
preparing, drafting or interpreting patents for two continuous years or a
total of two years within five continuous years;
- Providing a statement of skill from a registered patent
attorney with at least five years post-registration experience; and
- Be an ordinary resident in Australia.
A company may register as an
incorporated trade mark attorney.
Please consult the Contact Officer
for more information regarding eligibility requirements.
To maintain your registration, you will need to pay an annual renewal fee and show proof you have undertaken continuing professional education requirements.
Professional Standards Board for Patent and Trade Marks Attorneys
Trade Marks Act 1995 (Australian Government)
Trade Marks Regulations 1995 (Australian Government)
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To the full extent permitted by law, the Federal, State, Territory and Local Governments
make no representations or warranties (expressed or implied) in relation to the
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provided here is relevant to your particular circumstances.
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without limitation, liability in negligence, to any person for the general information
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