Elements and Performance Criteria
- Identify the need for protection of brands and business identity
- Research what constitutes a registrable trademark in Australia
- Identify the legislative requirements governing trademark protection
- Identify other forms of trademark protection
- Identify existing or potential trademarks within organisation or scope
- Explore the benefits, costs and risks of trademark registration and other forms of trademark protection
- Make recommendations to develop and use trademarks with commercialisation potential
- Identify and initiate application process for trademark protection
- Identify sources of information and advice regarding protection of brands and business identity
- Evaluate the role of intellectual property professionals in the trademark application process
- Search databases of existing registered and pending trademarks and investigate any use of unregistered trademarks to ensure the proposed trademark does not infringe on another party’s existing trademark
- Identify processes required for lodging a successful trademark application
- Identify process for international trademark registration
- Participate in a trademark application and provide relevant information to the intellectual property professional for trademark application, if applicable
- Monitor the market and protect and use trademarks
- Identify and review organisational policies and procedures to protect and use the trademark correctly
- Identify and establish processes to use own and others’ trademarks for business growth
- Monitor the market for possible trademark infringements
- Pursue appropriate measures to protect trademarks against infringements, if required, using appropriate professional advice
- Ensure that procedures are followed to maintain the organisation’s trademarks including payment of renewal fees as required
- Ensure all employees are aware of the importance to the organisation of the protection and proper use of trademarks, and implement training if required
- Identify and review organisational policies and procedures to prevent infringement of others’ trademarks