Trade Marks Attorney Registration - Australian Government

Service summary

Registration is not compulsory for practice in trade mark matters. Anyone has a right to submit trade mark applications on behalf of themselves or another person.  However, only registered trade marks attorneys can legally practise as trade marks attorneys and obtain the full range of functions available under the legislation.

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 circumstances.

Please consult the Contact Officer for more information.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

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 equivalent experience;
  • Being of good fame, integrity and character, not having committed an offence under the legislation or be under a sentence of imprisonment for dishonesty;
  • 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.

Prerequisites

Duration

To maintain your registration, you will need to pay an annual renewal fee and show proof you have undertaken continuing professional education requirements.

Fees

 TypeAmount
ApplyApplication$200.00
RenewRenewal$350.00

Administering agency

Professional Standards Board for Patent and Trade Marks Attorneys

Act(s) name

Trade Marks Act 1995 (Australian Government)

Regulation(s) name

Trade Marks Regulations 1995 (Australian Government)

Contact details

Enquiries
Professional Standards Board for Patent and Trade Marks Attorneys


Operating address:
Discovery House
47 Bowes Street
Phillip
Australian Capital Territory 2606
Mailing address:
PO BOX 200
Woden, Australian Capital Territory 2606

Phone:

02 62832275

Fax:

02 62851048
mail.psb@ipaustralia.gov.au

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

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 information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.