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| The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included. |
Registrabletrade marks may include: | letters, words, names, signatures, phrases, numerals, sounds, smells, shapes, logos, pictures, aspects of packaging, or any combination of these that can be represented graphicallyA trade mark can be difficult to register if it is:a generic worda term that other traders may need to use in relation to the same kinds of goods or servicesidentical with or deceptively similar to a pending or registered trade marklikely to mislead the public about the nature of the goods or servicesscandalous or against the lawNote: registration of a business, company or domain name does not in itself give proprietary rights |
Legislative requirements may include: | the Trade Marks Act 1995Section 52 of the Trade Practices Act 1974 |
Other forms of trade mark protection include: | common law by the passing off actionconsumer protection provisions of Trade Practices Act (Commonwealth) and State fair trading actsreviewing and proliferating confidentiality agreements within organisation or among people who may need to know about the trade mark before application for registration is lodged so as to keep the trade mark secret |
Benefits include: | trader protection, e.g. protecting reputation of traders, facilitating advertising, encouraging brand loyalty, building brand value, persuading consumers to try new products under the established brandconsumer protection, e.g. to facilitate choice between competing goods and services |
Commercialisation potential may include: | considering the trade mark as an asset that can be bought, sold or licensedutilisation of the trade mark as a marketing tool and the basis for building a brand |
Sources of information and advice may include: | IP AustraliaAttorney-General's DepartmentAustralian Copyright CouncilState and Commonwealth government agencieslawyers specialising in intellectual propertytrade mark attorneys and patent attorneysaccountantsbusiness advisorsmarketing consultantsbranding consultantscopyright collecting societies, e.g. CAL, PPCA, MIPI, APRA, AMCOSpublicationswebsites, Internetdatabases e.g. local and international trade mark databases |
Searching databases may include using the following: | IP Australia's trade marks database which lists all the registered and pending trade marks the Australian Securities and Investment Commission database, which lists all registered and reserved business names (www.asic.gov.au)any other information source that is relevant to the goods or services provided by the applicant, e.g. trade directories, Yellow Pages |
Investigating may involve: | using search engines on the Internetreviewing relevant industry journals, articles, advertising, etc.Note: The purpose is to determine whether competitors have used the proposed trade mark, or a similar mark, and developed a reputation in the mark |
Processes include: | completing an approved form prescribed by the regulations, including graphically representing the trade mark on the applicationpaying a specified feehaving the application approved by a trade marks examiner |
International trade mark registration includes: | filing for protection with the trade mark offices of overseas countries filing for protection under the Madrid Protocol through IP Australia to seek trade mark registration in a range of countries with a single application |
Monitoring may include: | observing the activities of competitorswatching the market for potential trade mark infringements |
Measures may include: | bringing actions against an alleged infringer under:the Trade Marks Act 1995Section 52 of the Trade Practices Act 1974the common law tort of passing offbringing an opposition against, or seeking removal of, other trade marks which may infringe |
Payment of renewal fees may refer to: | ensuring that the required fees are paid to periodically renew the trade mark registrationlicence fees to ensure the use of another organisation's trade mark |
Proper use of trade mark includes: | ensuring that the trade mark is used 'as a trade mark', otherwise it may become vulnerable for removalusing the mark with the correct notation (e.g.TM or ( R )) |