ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Identify the need for protection of brands and business identity

1.1 Research what constitutes a registrable trademark in Australia

1.2 Identify the legislative requirements governing trademark protection

1.3 Identify other forms of trademark protection

1.4 Identify existing or potential trademarks within organisation or scope

1.5 Explore the benefits, costs and risks of trademark registration and other forms of trademark protection

1.6 Make recommendations to develop and use trademarks with commercialisation potential

2 Identify and initiate application process for trademark protection

2.1 Identify sources of information and advice regarding protection of brands and business identity

2.2 Evaluate the role of intellectual property professionals in the trademark application process

2.3 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

2.4 Identify processes required for lodging a successful trademark application

2.5 Identify process for international trademark registration

2.6 Participate in a trademark application and provide relevant information to the intellectual property professional for trademark application, if applicable

3 Monitor the market and protect and use trademarks

3.1 Identify and review organisational policies and procedures to protect and use the trademark correctly

3.2 Identify and establish processes to use own and others’ trademarks for business growth

3.3 Monitor the market for possible trademark infringements

3.4 Pursue appropriate measures to protect trademarks against infringements, if required, using appropriate professional advice

3.5 Ensure that procedures are followed to maintain the organisation’s trademarks including payment of renewal fees as required

3.6 Ensure all employees are aware of the importance to the organisation of the protection and proper use of trademarks, and implement training if required

3.7 Identify and review organisational policies and procedures to prevent infringement of others’ trademarks

Skill

Performance

Criteria

Description

Reading

1.1-1.5, 2.1, 2.3-2.6, 3.1-3.3, 3.7

Researches and analyses complex texts, including legislation and workplace procedures, to identify relevant information for the organisation

Monitors and reviews organisational policies and procedures to ensure compliance with legislative requirements

Writing

1.6, 2.6, 3.1-3.3, 3.7

Summarises research findings relevant to the organisation

Records information in accordance with organisational and legislative requirements

Reviews and updates organisational policies and procedures and processes to protect the organisation's intellectual property and to ensure compliance with legislative requirements

Oral Communication

2.6, 3.4, 3.6

Obtains or provides advice using language and terminology appropriate to audience

Uses listening and questioning skills to obtain or clarify information

Navigate the world of work

1.2, 3.1, 3.5-3.7

Identifies and complies with legislative requirements associated with own role

Implements, monitors and reviews policies and procedures to ensure organisational compliance with legislative requirements

Interact with others

2.6, 3.4, 3.6

Follows accepted communication practices when seeking or providing advice trademarks

Get the work done

1.1-1.6, 2.1-2.6, 3.1-3.4, 3.7

Plans, organises and implements tasks needed to ensure compliance with organisational and legislative requirements

Systematically gathers and analyses information to decide on action needed to prevent or address infringements

Uses digital technologies to access and record information