TTIPAB Trade Marks Attorney study plan

Explain the requirements for registrability, including distinctiveness, descriptiveness, and acquired distinctiveness, using statutory provisions and case law examples.

Compare the rights conferred by registration with those available under passing off and the fair trading provisions, identifying key differences in scope and remedies.

Outline the grounds for refusal and invalidity under the Trade Marks Act, distinguishing absolute and relative grounds.

Apply the principles of infringement (including identical/similar marks and goods/services) to three hypothetical scenarios and justify your conclusions.

Classify 20 sample goods/services descriptions into the correct Nice classes and identify any ambiguous terms requiring clarification.

Conduct a hypothetical search strategy for a new mark, selecting appropriate search databases and parameters, and document the rationale.

Analyse the examination process from filing to acceptance, including examination reports and response options.

Evaluate the impact of prior rights (including common law rights) on examination and search outcomes.

Draft a complete trade mark application, including the specification of goods/services, and identify common pitfalls in drafting.

Explain the procedures for filing, examination, publication, and registration, including timelines and fees.

Compare the processes for opposing registration and for seeking revocation or invalidity, highlighting strategic considerations.

Prepare a client advice letter on the steps and costs involved in registering a trade mark in Australia.

Draft a notice of opposition and a statement of grounds and particulars based on a hypothetical conflict.

Outline the evidence stages in opposition proceedings and the requirements for statutory declarations.

Analyse the burden of proof and key considerations in revocation for non-use and invalidity proceedings.

Develop a case strategy for a client facing an opposition, including settlement options and hearing preparation.

Compare the procedures for opposition, revocation, and invalidity proceedings before the Registrar, including timeframes and appeal rights.

Draft a request for revocation for non-use and a counter-statement, ensuring compliance with procedural requirements.

Evaluate the role of case management and directions hearings in contested proceedings.

Prepare a hearing brief for a mock revocation matter, including submissions and evidence summary.

Apply the professional conduct rules to three ethical scenarios involving conflicts of interest, confidentiality, and client instructions.

Explain the duty of candour to the Registrar and the client, and the consequences of misleading conduct.

Develop a client care protocol for managing trade mark portfolios, including communication and billing practices.

Analyse the requirements for maintaining client confidentiality and handling conflicts in a multi-client practice.

Compare the protection of trade marks with other IP rights (patents, designs, copyright) and identify overlaps and gaps.

Explain the role of domain names and geographical indications in relation to trade mark rights.

Analyse the impact of consumer protection laws and passing off on trade mark enforcement.

Evaluate the intersection between trade mark law and related rights in a hypothetical dispute involving a product launch.

Compare the trade mark registration systems of Australia, the EU, and the US, focusing on key differences in examination, opposition, and duration.

Explain the Madrid Protocol system and its advantages and limitations for Australian applicants.

Analyse the impact of international treaties (TRIPS, Paris Convention) on Australian trade mark law.

Develop a strategy for an Australian business seeking international trade mark protection in three key markets.