LAW5341 · Trade mark practice

Overview

Trade mark practice deals with the process by which trade mark applications are made, opposed, and registration maintained. Emphasis is placed on the practices and procedures of the Australian Trade Marks Office (ATMO). Students will develop the ability to advise and handle a client's interests in the prosecution and maintenance of trade mark applications, including advice on the desirability of seeking trade mark protection in Australia and other countries. Topics covered include classification systems, searching, types of applications and registration, opposition proceedings, removal for non-use, rectification, registration of security interests, border controls, exploitation, misuse and criminal sanctions, and international aspects of trade mark protection.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Apply specialist knowledge and understanding of trade marks practice and procedure in Australia to advise clients on the desirability of seeking trade mark protection.
2. Critically examine, analyse, and evaluate information and concepts in relation to trade mark practice, especially the prosecution and opposition to trade mark applications.
3. Construct reasoned, persuasive and justifiable legal arguments to resolve practical problems and issues in relation to the process of registration and enforcement of rights in registered trade marks in Australia.
4. Apply an advanced understanding of legal principles and rules of practice in relation to advising clients of the maintenance and exploitation of trade mark rights once granted.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.